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ESTATE OF GILLESPIE

No. CV-94-0285-PR.

183 Ariz. 282 (1995)

903 P.2d 590

In the Matter of the ESTATE OF Grace Cooley GILLESPIE, aka Grace C. Gillespie, aka Grace Gillespie, deceased. James Alpine GILLESPIE, Personal Representative, Appellee, v. Sidney J. GILLESPIE, Appellant.

Supreme Court of Arizona, En Banc.

September 14, 1995.

Attorney(s) appearing for the Case

Lewis & Roca by Thomas E. Klinkel, Christine Hartland, Patricia K. Norris, Phoenix, for the Estate of Grace Cooley Gillespie and James Alpine Gillespie.

Gregory E. Hinkel, H. Eldon Hanson, Phoenix, for Sidney J. Gillespie.

MARTONE, Justice.

This case requires us to address the troubling question of whether a Will1 expresses the will of a person who signs it under very stressful circumstances at that moment in time when life and death intersect.

I. THE FACTS

The material facts are not in dispute. In 1979, Grace Gillespie, now deceased, executed a Will which gave three-fourths of her estate in equal shares to each of her three children, James...

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