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KINNEAR v. FINEGAN

No. 1 CA-CIV 5703.

138 Ariz. 34 (1983)

672 P.2d 986

Germaine KINNEAR, Phyllis Jean Pagano, and Jacqueline Nelson, Interested Persons, Petitioners-Appellees, v. Byron P. FINEGAN, Former Personal Representative, Respondent-Appellant.

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

November 8, 1983.

Attorney(s) appearing for the Case

Burch & Cracchiolo, P.A. by James B. Crook, Jr., Daryl D. Manhart, Phoenix, for petitioners-appellees.

Laird & Schmitt, P.C. by Mitchell C. Laird, Phoenix, for respondent-appellant.

Charles J. Dyer, Phoenix, for successor personal representative Nancy Elliston.

OPINION

FROEB, Judge.

This appeal is from summary judgment entered by the trial court in which appellant Byron P. Finegan was removed for cause as personal representative of the Estate of Irene M. Jones. Appellees Germaine Kinnear, Phyllis Jean Pagano and Jacqueline Nelson are devisees of the Jones estate and were the successful movants in the trial court.

Irene Jones died testate on August 19, 1977. Her will provided that appellant be appointed personal...

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