KIRKEBY-NATUS CORPORATION v. KRAMLICH

No. 1 CA-CIV 902.

12 Ariz. App. 376 (1970)

470 P.2d 696

KIRKEBY-NATUS CORPORATION, a Maryland corporation, Appellant, v. Irvin KRAMLICH and Dorothy E. Kramlich, his wife, and C.V. Lyman and Rachel Lyman, his wife, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied July 16, 1970.

Review Denied October 6, 1970.


Attorney(s) appearing for the Case

Browder, Gillenwater & Daughton, by Donald Daughton, Phoenix, for appellant.

Biaett & Bahde, by Kenneth Biaett, Phoenix, for appellees.


EUBANK, Presiding Judge.

This case requires construction of a provision inserted into a land purchase trust agreement for "tax purposes." At stake is ownership of a 32 acre parcel which was a portion of the 80 acre trust res. Its rightful ownership depends upon whether the provision in question rendered inoperative the "release" provisions in what is widely referred to in Arizona as a "subdivison trust."1

The trial judge...

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