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IN RE ESTATE OF MARTIN

No. 2 CA-CIV 962.

15 Ariz. App. 569 (1971)

490 P.2d 14

In the Matter of the ESTATE of Andrew P. MARTIN, Deceased. VALLEY NATIONAL BANK, Executor of the Estate of Andrew P. Martin, deceased, and Arizona Board of Regents, Appellants, v. Dorothy ARTHUR et al., Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 27, 1971.

Review Granted January 25, 1972.

Attorney(s) appearing for the Case

Johnson, Darrow, Hayes & Morales, by John G. Stompoly, Tucson, for appellant Valley National Bank.

Gary K. Nelson, Atty. Gen., by John S. O'Dowd, Asst. Atty. Gen., Tucson, for appellant Arizona Board of Regents.

Dunseath, Buchanan & Isaak by G. Eugene Isaak, Tucson, for appellees.

HATHAWAY, Judge.

This appeal brings up for review a probate court order directing distribution of part of the decedent's estate, namely certain shares of stock in the Martin Drug Company, to the blood descendants of the decedent. The appellants, executor of the decedent's estate and one beneficiary of the testamentary trust set up in the decedent's will, take the position that these shares of stock were part of the residuary estate which was bequeathed to a trustee...

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