ISAAK v. SUPERIOR COURT

No. 9216.

103 Ariz. 445 (1968)

443 P.2d 911

Eugene ISAAK, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF SANTA CRUZ; and the Honorable Gordon Farley, a Judge thereof, and Southern Arizona Bank & Trust Company, Respondents; SOUTHERN ARIZONA BANK & TRUST COMPANY, Real Party in Interest.

Supreme Court of Arizona. In Banc.

July 18, 1968.


Attorney(s) appearing for the Case

Dunseath, Stubbs & Burch, Tucson, for petitioner.

Karam & Martin, Nogales, for respondents.


UDALL, Vice Chief Justice:

In a hearing before us, we granted the petition of Eugene Isaak for a writ of certiorari. Whether a co-executor named in a will, incompetent to serve solely because he is not a bona fide resident of this state, has the right to nominate an administrator with will annexed is the principal issue of the case.

The facts are as follows: Blenda H. Fast died testate on September 8, 1967, leaving an estate valued at about $500,000.00. Named...

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