IN RE ESTATE OF KIDD

No. 10072-PR.

106 Ariz. 554 (1971)

479 P.2d 697

In the Matter of the ESTATE of James KIDD, Deceased. Joe H. CERNY, Emma G. Clausser, Russell L. Dilts, Psychical Research Foundation, Inc., the American Society for Psychical Research, Inc., and Joseph W. Still, M.D., Appellants, v. FIRST NATIONAL BANK OF ARIZONA, Phoenix, a national banking association, Administrator With the Will Annexed, Neurological Sciences Foundation, Inc., as Trustee, and Barrow Neurological Institute, Phoenix, Arizona, Appellees.

Supreme Court of Arizona, In Banc.

January 19, 1971.


Attorney(s) appearing for the Case

Welliever, Smith, Holt & Smith, Phoenix, for Joe H. Cerny.

Emma G. Clausser, in pro. per.

Carmichael, Johnson, Stephens & Vanlandingham, Phoenix, for Russell L. Dilts.

Strickland, Altaffer, Davis & Eppstein, Tucson, for Psychical Research Foundation, Inc. and the American Society for Psychical Research, Inc.

Sheldon Stern, Phoenix, Melvin Belli, San Francisco, Cal. (associated as counsel), for Joseph W. Still.

Divelbiss & Gage, Phoenix, for First National Bank of Ariz.

Gorodezky, Marron & Diamond, Allen L. Feinstein, Phoenix, for Neurological Sciences Foundation, Inc. and Barrow Neurological Institute.


STRUCKMEYER, Chief Justice.

This appeal is from a determination of heirship in which the rights of 103 claimants under the will of James Kidd were adjudicated.

James Kidd was a bachelor of frugal nature who came to Arizona about 1920. On January 2, 1946, he wrote a holographic will which was sealed in an envelope and placed in a safety deposit box. A few years later, Kidd disappeared without a trace. But it was not until shortly before March 6, 1964 that his...

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