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DAY v. WISWALL

No. 2 CA-CIV 669.

12 Ariz. App. 26 (1970)

467 P.2d 250

Eva Greene DAY, Appellant, v. George A. WISWALL, as Executor of the Estate of Mary Greene Wiswall, aka Mary G. Wiswall, deceased, William Cornell Greene, Florence Louise Greene Sharp, Clarence Kirk Greene, as Executor, as Trustee, and in his individual right, and Charles Harrison Greene, as Executor, and in his individual right, Appellees.

Court of Appeals of Arizona, Division 2.

April 1, 1970.

Attorney(s) appearing for the Case

Fennemore, Craig, von Ammon & Udall, by John J. O'Connor, III, and Robert P. Robinson, Phoenix, for appellant.

Gentry, McNulty, Toci & Browiec, by James F. McNulty, Jr., Thomas A. Thode and Philip E. Toci, Bisbee, Favour & Quail, by Keith F. Quail and John M. Favour, Prescott, DeConcini & McDonald, by John R. McDonald and J. Wm. Brammer, Jr., Tucson, Polley & Talmadge, by Wesley E. Polley, Bisbee, for appellees.

ORDER

Motions for rehearing having been filed by all the parties to this appeal and it having been called to our attention that appellee Charles Harrison Greene has appeared throughout these proceedings in his individual capacity as well as in a dual representative capacity, i.e., as executor and trustee, and that through inadvertence, the opinion of this court omitted him in his trustee status. It is, therefore,

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