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LECKY v. STALEY

No. 1 CA-CIV 484.

6 Ariz. App. 556 (1967)

435 P.2d 63

James O. LECKY and Sara E. Lecky, Appellants, v. Rex E. STALEY and E.J. O'Malley, Co-Executors of the Estate of J.N. Harber, deceased, the Estate of J.N. Harber, deceased, Irene Foley, Executrix of the Estate of Mary Harber, deceased, Arizona Title Insurance & Trust Company, a corporation, Appellees.

Court of Appeals of Arizona.

December 13, 1967.

Attorney(s) appearing for the Case

Beer & Kalyna, by, Olgerd W. Kalyna, Phoenix, for appellants.

Lewis, Roca, Scoville, Beauchamp & Linton, by, Charles Crehore and James Moeller, Phoenix, for appellee Foley.

Charles A. Stanecker, Phoenix, for appellees Staley, and O'Malley, Co-Executors of the Estate of J.N. Harber.

MOLLOY, Judge.

This litigation involves the division of profits made on the sale of certain real estate purchased in the name of J.N. Harber. The plaintiffs contend they are entitled to one half of all profits made, and appeal from a judgment which determines they are entitled only to one half of the interest of J.N. Harber in these profits, excluding his wife's interest, whatever it may have been.

Both J.N. Harber and his wife, Mary Harber, were deceased...

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