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IN RE ESTATE OF SHATTUCK

No. 2 CA-CIV 965.

17 Ariz. App. 103 (1972)

495 P.2d 873

In the Matter of the ESTATE of Zerena M. SHATTUCK, Deceased. Daniel E. MOORE, Appellant, v. Ann Shattuck JOHNSON, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 4, 1972.

Review Denied June 20, 1972.

Attorney(s) appearing for the Case

Flynn, Kimerer, Thinnes & Galbraith, by John J. Flynn, and Tom Galbraith, Phoenix, Daniel E. Moore, Scottsdale, for appellant.

Claude Bates, Evansville, Ind., Paul G. Rees, Jr., Estes, Browning & Zlaket, by Donald L. Estes, Tucson, for appellee; Richard M. Davis, Tucson, of counsel.

KRUCKER, Chief Judge.

The appellant, individually rather than as executor of the estate of Zerena M. Shattuck, deceased, brings this appeal from an order of the probate court and presents the following questions for review:

"1. Where a trial court determined that an executor's administration of an estate has caused no loss to the estate and refuses to revoke the executor's letters testimentary [sic], can the court nevertheless authorize payment of only one...

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