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SCHONEBERGER v. OELZE

No. 1 CA-CV 03-0490.

96 P.3d 1078 (2004)

208 Ariz. 591

Isabelle SCHONEBERGER, a single woman, Plaintiff-Appellee, v. J. Phillip OELZE, Sr.; Bert J. Schoneberger and Linda Schoneberger, husband and wife; Anastasia Diane Michas, Defendants-Appellants. Valerie Schoneberger, a single woman, Plaintiff-Appellee, v. J. Phillip Oelze, Sr.; Bert J. Schoneberger and Linda Schoneberger, husband and wife; Anastasia Diane Michas, Defendants-Appellants.

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

August 31, 2004.

Attorney(s) appearing for the Case

David W. Eagle, Phoenix, for Defendants-Appellants.

Karp, Heurlin & Weiss, P.C., by Brian A. Laird, Tucson, for Plaintiff-Appellee.

OPINION

NORRIS, Acting P.J.

¶ 1 Arizona has enacted legislation validating and enforcing provisions in "written contracts" requiring arbitration of future controversies. See Arizona Revised Statutes ("A.R.S.") section 12-1501 (2003).1 The issue presented in this appeal is whether an arbitration provision in an instrument establishing an irrevocable inter vivos trust may be enforced against trust beneficiaries who sued the...

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