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DeCOSTE v. SUPERIOR COURT

No. 9957.

106 Ariz. 50 (1970)

470 P.2d 457

Mary Ann DeCOSTE, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, and Edwin Thurston, Judge Thereof, John Gobins, individually and as Administrator with the Will Annexed of the Estate of Fedwa Gobins, Deceased, and as Executor of the Estate of Chokree Gobins, Deceased, Mrs. Fada Gobins Chambers, Mrs. Zerifa Hannah Gobins Shaw, and Marie Gobins, Respondents.

Supreme Court of Arizona, In Banc.

June 12, 1970.

Attorney(s) appearing for the Case

Herbert Mallamo, Phoenix, for petitioner.

Powers, Boutell, Fannin & Ridge, by William E. Marsh, Phoenix, for respondents.

UDALL, Justice.

The issue in this Special Action is whether a child born after the execution of her mother's will is entitled to take an intestate share of her mother's estate under the provisions of Arizona's pretermitted child statute, A.R.S. § 14-131.

Mary Ann DeCoste, in 1969, filed a Petition for Determination of Heirship in the Matter of the Estate of Fedwa Gobins, Cause No. P 63235, Superior Court, Maricopa County. The Superior Court determined...

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