BRUCE v. FROEB

No. 1 CA-CIV 1708.

15 Ariz. App. 306 (1971)

488 P.2d 662

Margaret Settle BRUCE, Administratrix of the Estate of Otis Kelly Bruce, Deceased, Petitioner, v. Honorable Donald F. FROEB, Judge of the Superior Court of Arizona In and For the County of Maricopa; and Gladys BRUCE, Real Party in Interest, Respondents.

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

Rehearing Denied October 8, 1971.

Review Denied November 9, 1971.


Attorney(s) appearing for the Case

R. Kelly Hocker, Tempe, for petitioner.

Patrick W. O'Reilly, Phoenix, for respondents.


HAIRE, Judge.

In this special action, we are asked to decide whether an ex-wife's action against her deceased ex-husband's estate to recover child support arrearages accrued prior to his death is barred by limitations with respect to those arrearages having accrued more than five years prior to the date of his death.

The relevant facts are as follows. Plaintiff, Gladys Bruce, and Otis Kelly Bruce were divorced on February 25, 1960. Under the divorce decree...

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