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MATTER OF ESTATE OF IVANCOVICH

No. 2 CA-CIV 5588.

151 Ariz. 442 (1986)

728 P.2d 661

In the Matter of the ESTATE OF Byron IVANCOVICH, Deceased.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied November 12, 1986.

Attorney(s) appearing for the Case

William Lee McLane, Phoenix and Jack J. Rappeport, Tucson, for appellant.

Bilby & Shoenhair, P.C. by Michael J. Rusing, Tucson, for appellee Valley Nat. Bank as Personal Representative of the Estate of Byron Ivancovich.

Waterfall, Economidis, Hanshaw & Villamana, P.C. by A. Alan Hanshaw and Sandra Tedlock, Tucson, for appellee Sisters of St. Joseph.

Mesch, Clark & Rothschild, P.C. by J. Emery Barker, Tucson, for appellee Young Men's Christian Ass'n of Tucson.

DeConcini, McDonald, Brammer, Yetwin & Lacy, P.C. by Robert M. Struse, Tucson, for appellee Franciscan Fathers.

OPINION

HOWARD, Presiding Judge.

This is an appeal from a summary judgment denying the decedent's widow a share of his estate.

A.R.S. § 14-2301(A) provides:

"If a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he would have received if the decedent left no will unless it appears from the will that the omission...

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