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MATTER OF ESTATE OF MALLETT

No. 2 CA-CV 93-0251.

178 Ariz. 377 (1994)

873 P.2d 715

In the Matter of the ESTATE OF Seth E. MALLETT, Deceased. Mildred MALLETT, Petitioner/Appellant, v. Malcolm MALLETT, Respondent/Appellee.

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

April 29, 1994.

Attorney(s) appearing for the Case

Law Offices of George J. Feulner, P.C. by George J. Feulner, Tucson, for petitioner/appellant.

Paul Menkveld, P.C. by Paul Menkveld, Tucson, for respondent/appellee.

OPINION

HATHAWAY, Judge.

In this appeal, appellant challenges the trial court's order in which it found that her late husband's holographic will was conditional and did not operate as a testamentary disposition. We reverse.

It is undisputed that the decedent had a heart condition, that he was admitted to the hospital for testing, that he agreed to undergo surgery, that he had never executed a will and that...

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