No. 1 CA-CV 94-0415.

188 Ariz. 569 (1996)

937 P.2d 1375

In the Matter of the ESTATE OF: Dorothy I. KILLEN, Deceased. Ralph McCANNON; Russell McCannon; Carolyn Dixon; Dorothy Landon; June Benoit, Edward McCannon and Mary Ann Pfankus, Petitioners-Appellees, v. Marion McCANNON, Personal Representative-Appellant.

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

April 18, 1996.

Attorney(s) appearing for the Case

A. Paul Blunt, P.C. by A. Paul Blunt, Jay M. Polk, Scottsdale, for Appellees.

Lesher & Lesher, P.C. by Robert O. Lesher, Tucson, for Appellant.


GRANT, Presiding Judge.

Appellant, the personal representative of the Dorothy Killen estate, defended Mrs. Killen's will against a charge that it was invalid due to the testator's lack of testamentary capacity. The probate court found the will to be invalid. It denied an award of attorneys' fees to appellant, as personal representative, for defense of the will on the ground that it lacked jurisdiction to...

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