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MATTER OF ESTATE OF MASON

No. 2 CA-CV 96-0318.

947 P.2d 886 (1997)

190 Ariz. 312

In The Matter of the ESTATE OF Jane W. MASON, Deceased. James W. BARTON, Jr., Petitioner/Appellee/Cross-Appellant, v. Robert E. CRUCE, individually and as Personal Representative of the Estate of Jane W. Mason, deceased, Respondent/Appellant/Cross-Appellee.

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

Review Denied December 16, 1997.

Reconsideration Denied January 16, 1998.

Attorney(s) appearing for the Case

Miller, Pitt & McAnally, P.C. by G. Eugene Isaak and Carole A. Summers, Tucson, for Petitioner/Appellee/Cross-Appellant.

Hawley Nystedt & Fletcher, P.C. by Gerald G. Hawley, Jill D. Wiley and Gary L. Fletcher, Tucson, for Respondent/Appellant/Cross-Appellee.

OPINION

DRUKE, Chief Judge.

Jane Mason, widowed and childless, died testate in 1992. Her will made three specific bequests of $10,000 each and distributed the residue equally to appellee and his sister. The funds in three bank accounts passed to appellant outside the will because Mason had made him a joint tenant on the accounts before her death.

Mason's gross estate exceeded $5 million, including the funds appellant received from the bank accounts...

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