EVANS v. LISTON

No. 1 CA-CIV 3210.

116 Ariz. 218 (1977)

568 P.2d 1116

Ruth E. EVANS, a divorced woman, Appellant, v. C. Alfred LISTON, Shirley H. Liston, Cora E. Niner, Norine Simpson and Carol O'Dell, Appellees.

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

Rehearing Denied July 7, 1977.

Review Denied September 13, 1977.


Attorney(s) appearing for the Case

Hash, Cantor & Tomanek by Virginia Hash, Alena Cantor, Phoenix, for appellant.

Divelbiss, Gage & Cheney by Carl W. Divelbiss, Phoenix, for appellees.


OPINION

WREN, Judge.

Appellant brings this appeal from the trial court's judgment finding that appellant's father lacked testamentary capacity and was acting under appellant's undue influence at the time he executed his will and certain deeds to real property. We find that these conclusions were erroneous and reverse the judgment.

To invalidate a will or deed on the grounds of lack of testamentary capacity, the burden is on the contestants to show...

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