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IN RE ESTATE OF SHUMWAY

No. CV-99-0391-PR.

9 P.3d 1062 (2000)

198 Ariz. 323

In the Matter of the ESTATE OF Ralph Vincill SHUMWAY, Deceased. Adelida Vega Rodriguez, Petitioner-Appellee, v. Virginia Gavette, Personal Representative-Appellant.

Supreme Court of Arizona, En Banc.

September 15, 2000.

Attorney(s) appearing for the Case

Ronald G. Cooley, Sun City, and John R. Coll, Phoenix, for Adelida Vega Rodriguez.

Jennings, Strouss & Salmon, P.L.C. By David Brnilovich, Peoria, David B. Earl and Stacey A. Dowdell, Phoenix, for Virginia Gavette.

OPINION

FELDMAN, Justice.

¶ 1 We granted review to determine whether the penalty, or so-called in terrorem, clause in a will should be enforced against those who contest the will. Per A.R.S. § 14-2517, the penalty clause is unenforceable if probable cause existed to contest the will. Under the facts of this case of first impression and according to what we conclude to be the proper definition of...

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