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HAMMONTREE v. KENWORTHY

No. 2 CA-CIV 62.

1 Ariz. App. 472 (1965)

404 P.2d 816

George HAMMONTREE, Administrator With the Will Annexed of Nola Kenworthy, deceased, Appellant, v. Chester Leroy KENWORTHY and Olive E. Kenworthy, husband and wife, Appellees.

Court of Appeals of Arizona.

Rehearing Denied September 2, 1965.

Review Denied October 5, 1965.

Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, Phoenix, of counsel, Joseph S. Jenckes, Jr., and Stephen B. Rayburn, Phoenix, for appellant.

Wood & Platt, Coolidge, of counsel, George Wood, Coolidge, and Tom Fulbright, Florence, for appellees.

MOLLOY, Judge.

This is an appeal from an order granting a new trial. The litigation arises out of the transactions between two brothers, and their wives, occurring over a period of many years.

The two brothers concerned are Ray W. Kenworthy and Chester L. Kenworthy. The facts as herein stated are almost entirely as testified to by Chester and wife, Olive, because both Ray and his wife, Nola, died before the trial of this action.

The transactions go...

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