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MATTER OF ESTATE OF WOOD

No. 1 CA-CIV 8180.

147 Ariz. 366 (1985)

710 P.2d 476

In the Matter of the ESTATE OF Arthur F. WOOD, Deceased, Patricia W. HUNT; Arthur Lee Wood; Peggy Jean Prather; Betty Lee Hove; Contestants-Appellants, v. Mary Ann WOOD and Barry Michael Wood, Proponents-Appellees.

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

November 12, 1985.

Attorney(s) appearing for the Case

Lindteigen & Griffiths, Ltd. by David A. Griffiths, Mesa, for contestants-appellants.

Fenton J. McDonough, Scottsdale, for proponents-appellees.

KLEINSCHMIDT, Judge.

This is an appeal from an order of the probate court admitting a late-discovered will to probate. We find that the probate court exceeded its statutory authority by admitting the will to probate after the running of the three-year limitation period prescribed in A.R.S. § 14-3108.

Arthur F. Wood died on July 20, 1979. He was survived by his widow, Mary Ann Wood, since deceased, his son from that marriage, Barry Michael Wood, and four...

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