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MATTER OF ESTATE OF HOOVER

No. 1 CA-CIV 6237.

140 Ariz. 464 (1984)

682 P.2d 469

In the Matter of the ESTATE OF Kenneth Allen HOOVER, deceased. Linda Lou HOOVER, Plaintiff-Appellant, v. FIRST INTERSTATE BANK, formerly First National Bank of Arizona, Personal Representative as Constructive Trustee and as Trustee of the Kenneth Allen Hoover Family Trust, Defendant-Appellee.

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

May 1, 1984.

Attorney(s) appearing for the Case

Werner, Roberts & Parry, Ltd. by Dean J. Werner, Mesa, for plaintiff-appellant.

Fennemore, Craig, von Ammon, Udall & Powers, P.C. by Timothy Berg, Nancy L. Rowen, Cynthia S. Thorpe, Phoenix, for defendant-appellee First Interstate Bank.

Friedman & Caldwell by Mark R. Caldwell, Steven M. Friedman, Phoenix, for intervener Steven Hooper.

OPINION

KLEINSCHMIDT, Judge.

This case presents the question of whether a conviction for manslaughter committed by "recklessly causing the death of another person" conclusively establishes that the convicted person "feloniously and intentionally" killed another within the meaning of A.R.S. § 14-2803(A) so that the slayer is precluded from succeeding to any property interest of the victim. We hold that such a conviction is not conclusive and that the probate...

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