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Flath v. Neal

Supreme Court of Arizona

June 11, 1945

JACK FLATH, Executor of the Estate of Perry A. Yeast, Also Known as P. A. Yeast, Deceased, Appellant,
v.
ED NEAL, Petitioner for Probate, Appellee

APPEAL from a judgment of the Superior Court of the County of Mohave. J. W. Faulkner, Judge.

Judgment reversed with directions.

Messrs. Bryne and McDaniel, for Appellant.

Mr. Carl D. Hammond, for Appellee.

LaPrade, J. Stanford, C. J., and Morgan, J., concur.

OPINION

LaPrade, J.

Page 618

[63 Ariz. 69] This is an appeal by Jack Flath, one of the executors of the estate of Perry A. Yeast, deceased, from an order and judgment of the Superior Court of Mohave County, State of Arizona, made and rendered on November 5, 1943, directing the admission of a copy of the will of said decedent in ancillary probate.

Appellee filed his petition for letters, claiming to be a creditor of the non-resident decedent, and alleged that decedent left estate in Mohave County, Arizona, consisting of a real estate mortgage on a small piece of patented land and a grazing lease on state land and lands belonging to the Santa Fe Pacific Railroad Company and range rights under the Taylor Grazing Act.

Appellant objected to the admission of the foreign will to probate on the grounds that decedent left no estate of any kind in Mohave County, Arizona.

The only issue raised by the pleadings and submitted for the court's determination was whether or not any estate was, in fact, left by decedent in Mohave County, Arizona.

There was and is no dispute as to the facts. The same were stipulated to by the parties. Briefly, decedent, a non-resident of the State of Arizona, owned [63 Ariz. 70] prior to April 28, 1942, a ranch situated in Mohave County, Arizona, consisting of a small tract of patented land, state land leases, Santa Fe Pacific Railroad Company leases, grazing rights under the Taylor Grazing Act, 43 U.S.C. A. §§ 315-315n, 1171, and personal property consisting of several thousand head of cattle, a few horses, and ranch machinery and equipment.

On the date mentioned, this property was sold by decedent to one J. M. Smith, a resident of Graham County, Arizona, and decedent's several conveyances were made and delivered to the purchaser within a few days thereafter. The sale price was the sum of $ 116,000, payable $ 6,000 in cash, the assumption of an indebtedness and mortgage, and two promissory ...


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