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IN RE ESTATE OF SHERER

No. 1 CA-CIV 627.

10 Ariz. App. 31 (1969)

455 P.2d 480

In the Matter of the ESTATE of Dunham B. SHERER, Deceased. Frank A. SHERER, Clark G. Sherer, and Mrs. Marguerite Kildea, Appellants, v. Donna SHERER, Executrix, Appellee.

Court of Appeals of Arizona.

June 16, 1969.

Attorney(s) appearing for the Case

Francis R. Crable, Phoenix, for appellants.

Gust, Rosenfeld & Divelbess, Phoenix, by Richard H. Whitney, and Eugene C. Simon, Phoenix, for appellee.

MOLLOY, Judge.

The question before us is whether it was proper to grant a summary judgment upholding the validity of a will in a contest action based on a charge of undue influence.

Dunham B. Sherer, the decedent, died in Phoenix, on January 18, 1965. At issue is his "LAST WILL AND TESTAMENT," executed on March 4, 1959, in Westchester County, New York, his previous residence. Donna Sherer, the proponent and appellee, is the widow of decedent, having been married...

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