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MATTER OF STROBEL

No. 1 CA-CIV 6770.

149 Ariz. 234 (1985)

717 P.2d 913

In the Matter of Oscar A. STROBEL, Inter Vivos Trust: Grace E. GREENWOOD, a single person, Third Party Plaintiff-Appellee, Oscar A. Strobel, III, Real Party in Interest-Appellee, v. Marshall L. PETERSON and Jane Doe Peterson, husband and wife, Third Party Defendants-Appellants.

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

May 23, 1985.

Attorney(s) appearing for the Case

Duecy, Moore, Robinson & Bennett by William F. Bennett, Scottsdale, for third party plaintiff-appellee.

Lewis and Roca by John P. Frank, Charles Crehore, Susan M. Freeman, Joseph S. Jackson, Phoenix, for real party in interest-appellee.

Gust, Rosenfeld, Divelbess & Henderson by Richard A. Segal, H. Jay Platt, Phoenix, for third party defendants-appellants.

OPINION

EUBANK, Judge.

This appeal questions whether a surviving wife properly exercised her power of appointment over the proceeds of a trust in her will. The trial court, following an A.R.S. § 14-7201 proceeding construing the terms of Oscar A. Strobel's inter vivos (living) trust, determined that the power of appointment granted therein was not properly exercised by Oscar's wife because her will did not make "specific reference" to the trust...

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