WORLD INVESTMENTS, INC. v. ESTATE OF HARBER

No. 1 CA-CIV 1601.

17 Ariz. App. 107 (1972)

495 P.2d 877

WORLD INVESTMENTS, INC., an Arizona corporation, Appellant, v. ESTATE of J.N. HARBER, Deceased, by and through Irene Harber Foley, Administratrix with the Will Annexed, et al., Appellees.

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

Rehearing Denied May 24, 1972.

Review Denied July 13, 1972.


Attorney(s) appearing for the Case

Cox & Hedberg by James J. Cox, Jr., Phoenix, for appellant.

Harold R. Scoville, and Roush, Mori, Feinstein & Welch by George Welch, Jr., Phoenix, for appellees Estates of J.N. Harber and Mary Harber.

Evans, Kitchel & Jenckes by Burton M. Apker, Phoenix, for appellee Transamerica Title Ins. Co. of Ariz.


CASE, Judge.

On or about 8 March 1962, J.N. Harber, as first beneficiary, and Luke Land and Development Co., as second beneficiary, entered into what is commonly called a subdivision trust. This trust provided that Luke would purchase 2,315 acres of land from Harber for $1,000,000.00 under an agreement providing for a down payment of $100,000.00 and annual installments of $90,000.00 or more, with five percent interest. Luke was given the right to subdivide the land...

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