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IN RE ESTATE OF ALFARO

No. 2 CA-CIV 1276.

18 Ariz. App. 173 (1972)

500 P.2d 1161

In the Matter of the ESTATE of Maria Elena ALFARO, Deceased. Aureliano H. QUIROZ, Executor of the Estate of Maria Elena Alfaro, Deceased, Appellant, v. Vincente ALFARO, surviving husband of Maria Elena Alfaro, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 31, 1972.

Review Denied December 12, 1972.

Attorney(s) appearing for the Case

J.C. Padilla, Tucson, for appellant.

Edward Aboud, Tucson, for appellee.

HATHAWAY, Judge.

This appeal is taken from a probate court judgment decreeing that certain real estate be excluded from the assets of the decedent's estate and declaring it to be the sole and separate property of appellee, decedent's spouse. The court, in its order for judgment, expressly found that a constructive trust in favor of appellee existed. The order further stated:

"The Court, ... while entertaining...

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