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GONZALEZ v. SUPERIOR COURT

No. 2 CA-CIV 2217.

27 Ariz. App. 51 (1976)

550 P.2d 1093

Betty J. GONZALEZ, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, the Honorable J. Richard Hannah, a Judge thereof, Respondent, and ESTATE of A.W. CHAPPELL, by Kenneth Chappell, Personal Representative, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 21, 1976.

Review Granted September 14, 1976.

Attorney(s) appearing for the Case

Delane C. Carpenter, Tucson, for petitioner.

Edward Aboud, Tucson, for real party in interest.

OPINION

HOWARD, Chief Judge.

Does the probate court have jurisdiction to hear and determine a controversy between the personal representative of a decedent and a stranger to the estate concerning real property listed as an asset of the estate? The respondent court ruled that it did not and dismissed a petition filed in the probate proceedings. Petitioner, who claimed that the subject real property belonged to her, commenced this special action and since we...

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