IN RE HERBST

No. 1 CA-CV 02-0557.

76 P.3d 888 (2003)

206 Ariz. 214

In the Matter of Walter P. HERBST and Shirley A. Herbst Trust Dated January 26, 1990. Mark Martinets, Appellant, v. Henry Pinto; Katherine Martinets; Cynthia Bode; Paul Herbst; Leigh-Anne Bone; Jason Martinets; Geri Torres; Gregory Heater, Appellees.

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

September 25, 2003.


Attorney(s) appearing for the Case

Law Offices of Larry W. Suciu, PLC, By Barry L. Olsen, Yuma, Attorneys for Appellant.

Law Office of Bruce A. Jensen, By Bruce A. Jensen, Yuma, Attorneys for Appellees.


OPINION

EHRLICH, Judge.

¶ 1 Mark Martinets ("Mark") appeals from a judgment that his mother, Katherine Martinets ("Katherine"), and his uncle, Paul Herbst ("Paul"), remained beneficiaries of a trust established by their father, Walter P. Herbst ("Walter"), and stepmother, Shirley A. Herbst ("Shirley"). The trial court found that, despite Walter's intention to disinherit his children, his will, although demonstrating that intention, did not effectively...

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