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MATTER OF ESTATE OF CHAROULEAU

No. 2 CA-CIV 1953.

25 Ariz. App. 507 (1976)

544 P.2d 1108

In the Matter of the ESTATE of Anna CHAROULEAU, Deceased. The ARIZONA CHILDREN'S HOME, Appellant, v. COMSTOCK HOSPITAL FOR CRIPPLED CHILDREN, Handmaker Jewish Nursing Home, Villa Maria de Guadalupe Nursing Home and Apartments, Pima Council on Aging, Young Men's Christian Association, American Baptist Homes of the West, Inc., Tucson Community Development Design Center, Episcopal Retirement Homes, and Tucson Housing Foundation, Inc., Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 24, 1976.

Review Denied March 16, 1976.

Attorney(s) appearing for the Case

Bilby, Thompson, Shoenhair & Warnock, P.C. by James F. Morrow, Tucson, for appellant.

Murphy, Vinson & Hazlett by James M. Murphy, Tucson, for appellee Villa Maria de Guadalupe.

OPINION

HATHAWAY, Judge.

The Arizona Children's Home appeals from a superior court order directing Southern Arizona Bank and Trust Company as trustee under the testamentary trust of Anna Charouleau to select a charity other than appellant to receive the trust funds.

The terms of the testatrix' will and codicil direct the trustee to establish a home for the aged poor of Pima County. She stated:

"It is my intention and desire to establish a...

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