IN RE ESTATE OF SHIELDS

No. 2 CA-CIV 970.

15 Ariz. App. 447 (1971)

489 P.2d 294

In the Matter of the ESTATE of Josephine G. SHIELDS, Deceased. John G. SHIELDS, Appellant, v. Jay M. SHIELDS et al., Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 4, 1971.

Review Denied November 30, 1971.


Attorney(s) appearing for the Case

Mesch, Marquez & Rothschild by Tom R. Clark, Tucson, for appellant.

Robertson & Fickett, P.C., by Peter Johnson, Tucson, for appellees James C. Shields II and Jay M. Shields.

Holesapple, Conner, Jones, McFall & Johnson, by Blair D. Benjamin, Tucson, for appellee Charles E. Conner, Executor.


HATHAWAY, Judge.

Did the lower court err in dismissing a petition contesting a will after probate? This is the question to be resolved on this appeal.

The predicate for the appellees' motions to dismiss was the fact that the contestant did not have citations issued until after expiration of six months from the date the decedent's will was admitted to probate. They contended, and successfully, that this failure to issue citations within the six-month period...

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