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MATTER OF ESTATE OF LEVINE

No. 2 CA-CIV 5144.

145 Ariz. 185 (1985)

700 P.2d 883

In the Matter of the ESTATE OF Joseph LEVINE, Deceased. Gloria BERGER, Shirley Miller, and Samuel Levine, Plaintiffs/Appellants, v. The ESTATE OF Joseph LEVINE, and Anne G. Levine, as Personal Representative and Anne G. Levine in her individual capacity, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Review Denied March 12, 1985.

Attorney(s) appearing for the Case

Stompoly & Even, P.C. by Charles E. Giddings, Tucson, for plaintiffs/appellants.

Waterfall, Economidis, Caldwell & Hanshaw, P.C. by John N. Iurino and John C. Rambow, Tucson, for defendants/appellees.

OPINION

HATHAWAY, Judge.

Appellants, the children of decedent, Joseph Levine, appeal from the dismissal of their complaint to impose a constructive trust against the estate and the personal representative, as such and individually. Their complaint arises out of an agreement between decedent and his first wife, Rose, wherein decedent agreed to make a will bequeathing his estate to his children with the proviso that he could leave 25% of his estate or $25,000...

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