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HARRIS TRUST BANK OF AZ v. SUPERIOR COURT

No. 1 CA-SA 96-0168.

188 Ariz. 159 (1996)

933 P.2d 1227

HARRIS TRUST BANK OF ARIZONA (successor) to Harris Trust Company of Arizona, an Arizona corporation; Harris Trust and Savings Bank of Illinois, a wholly owned subsidiary of Harris Bankcorp, Incorporated, an Illinois corporation; Thomas R. Hackett and Colleen Hackett, husband and wife; James T. Andras and Christine Andras, husband and wife; Robert Turpin and Alleene Turpin, husband and wife; George Fischer and Sharon Fischer, husband and wife, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, The Honorable Michael D. Jones, a judge thereof, Respondent Judge, Paola MATHES, Settlor and Beneficiary of the Paola Mathes Revocable Trust; and Mitchell Vette Mathes, Jeffrey Vette Cooke, Christine Ann Bila, individually and on behalf of Alana Stone, as beneficiaries of the Paola Mathes Trust, Real Parties in Interest.

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

Review Denied March 25, 1997.

Attorney(s) appearing for the Case

Ross, Sacks & Glazier by Bruce S. Ross, Robert N. Sacks, Kenneth M. Glazier, Los Angeles, CA, Sacks Tierney, P.A. by James W. Armstrong, Gaye L. Gould, Phoenix, for Petitioners.

Laubach & Lake by John Laubach, Stephanie Lake, Phoenix, Bailey, Cohen, Quigley, & Campbell, PLC by Eugene D. Cohen, Chad S. Campbell, Phoenix, for Real Parties in Interest.

OPINION

TOCI, Presiding Judge.

Harris Trust Bank of Arizona ("Harris Trust") petitions for special action relief from the trial court's ruling precluding it from raising the statute of limitations defense at trial. On motion, the trial court struck the defense, concluding that a trustee cannot assert the statute of limitations defense against a beneficiary while the trust is in existence. We hold that the trustee is not precluded from raising the statute of...

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