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In re Estate of Stark

Supreme Court of Arizona

September 26, 1938

In the Matter of the Estate of MARY ANN STARK, Also Known as MARY ANN STARK O'HARA, Deceased. FERN ELIZABETH SCHADE, Appellant,
v.
MAURICE O'HARA, Appellee

APPEAL from a judgment of the Superior Court of the County of Maricopa. J. C. Niles, Judge. Judgment affirmed.

Messrs. Minne & Sorenson, for Appellant.

Mr. Charles Bernstein and Mr. D. Kelly Turner, for Appellee.

OPINION

[52 Ariz. 417] LOCKWOOD, J.

Fern Elizabeth Schade, hereinafter called appellant, filed her petition in the superior court of Maricopa county, in which she alleged that one Mary Ann Stark, hereinafter called deceased, on the 18th day of December, 1931, made her last will and testament, and had since died. The usual necessary jurisdictional allegations followed, and appellant [52 Ariz. 418] asked that the will be admitted to probate, and that letters of administration, with the will annexed, be issued to her. This will was entirely in the handwriting of the testatrix, and in the following language:

"Los Angeles, California,

"December 18, 1931.

"This is my last will. I give, bequeath, and devise to my sister Susie Ellen Hodge, Crawford, Nebraska, in complete and perfect ownership, all my rights and property of every kind and nature, whether real, personal or mixed, wherever situated, appointing

Page 895

her executrix of my estate, without bond and giving her possession thereof.

"(Signed) MARY ANN STARK

"Witness: C. T. DeWITT, 3757 E. 6th St.

"Witness: KATHARINE A. DeWITT, 3757 E. 6th St."

Maurice O'Hara, hereinafter called appellee, filed his contest to and in opposition of the probate of the said will, alleging in substance that deceased and appellee were married in Arizona on the 3d day of November, 1933, and ever since that time and up to the death of deceased had resided together as husband and wife; that there were no children born as the issue of said marriage; that the will aforesaid had been revoked by operation of law, for the reason that it was executed before ...


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