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TAYLOR v. HUTCHINSON

No. 1 CA-CIV 1718.

17 Ariz. App. 301 (1972)

497 P.2d 527

Frances Juliff TAYLOR and Crocker-Citizens National Bank, a national banking association, as Conservator of the Estate of Frances J. Taylor, Appellants, v. Joanne Cuddihy HUTCHINSON et al., Appellees.

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

Rehearing Denied June 29, 1972.

Review Denied September 12, 1972.

Attorney(s) appearing for the Case

Fennemore, Craig, von Ammon & Udall, by Philip E. von Ammon, Phoenix, for appellants.

Evans, Kitchel & Jenckes, by Ralph J. Lester, Phoenix, for appellees Hutchinson, Perry and Collins.

Moore, Romley, Robbins & Green, by Elias M. Romley, Phoenix, for appellees Cuddihy and Cooper.

STEVENS, Presiding Judge.

This is an appeal from a judgment of the Superior Court for Maricopa County which permitted the joint trustees, hereinafter referred to as trustees, of a testamentary trust to deviate from the express terms thereof, which stated:

"* * * in order to give effect to the overriding intent of the creator of the trust and because, owing to circumstances not known to Curtis C. Cooper or anticipated by him, compliance with said express terms...

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