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In re Gipson's Estate

Supreme Court of Arizona

March 25, 1946

In re GIPSON'S ESTATE.
v.
GIPSON GRAHAM

Appeal from Superior Court, Maricopa County; M. T. Phelps and Harold R. Scoville, Judges.

Proceedings in the matter of the estate of Annie May Peck Gipson, deceased, wherein Walter L. Gipson was appointed administrator of the estate of Annie May Peck Gipson, deceased, and wherein F. L. Zimmerman filed a purported will of the deceased, together with a petition for admission to probate thereof. Rosetta Graham was substituted as contestee and defendant in lieu of the petitioner, F. L. Zimmerman. From an order which vacated a prior order suspending the powers of the administrator and from an order refusing to appoint a special administrator, Rosetta Graham appeals. On motion to dismiss appeal.

Appeal dismissed.

F. L. Zimmerman, of Phoenix, for appellant.

D. V. Mulhern, of Phoenix, for appellee.

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

OPINION

LaPrade, Judge.

[64 Ariz. 182] On September 5, 1944, appellee Walter L. Gipson was appointed administrator of the estate of his deceased wife, Anna May Peck Gipson. On September 15, 1944, F. L. Zimmerman filed in the superior court in the same cause a purported will of the decedent, together with his petition for admission to probate thereof. He also petitioned the court to make and enter its order cancelling and revoking the appointment of the administrator. In an order dated September 15, 1944, authorizing the taking of depositions of witnesses to the preferred will, there was included the following order temporarily suspending the powers of the administrator:

"It is further ordered that all authority and powers heretofore vested in and exercised by said Walter L. Gipson over and concerning the affairs and properties of the estate of the deceased, together with his appointment and acts as administrator of this estate be and they are hereby suspended until the further order of this court."

On the date of the hearing of the petition for probate of will, appellee filed a motion to dismiss the petition for probate, together with a statement of contest against the purported will, and his opposition to the probate thereof. The court denied appellee's motion to dismiss the petition for probate and entered its order substituting Rosetta Graham as contestee and defendant in lieu of the petitioner F. L. Zimmerman. The contest has never been tried and that phase of the matter is still pending. On December 4th the court reconsidered its action taken on September 15th in the matter of suspending the powers of the administrator and signed and entered the following written order:

"* * * It is hereby ordered that the order of this Court entered in the above entitled matter on the 15th day of September, 1944, insofar as said order suspended the authority and powers of said Walter L. Gipson, administrator, over and concerning the affairs and properties of the estate of said deceased, is hereby set aside, revoked and held for naught and the authorities [64 Ariz. 183] and powers of said Walter L. Gipson as such administrator are hereby reinstated to and until the further order of the Court."

On December 23rd, appellant filed a motion to vacate this last order. This application was denied on January 30th, 1945.

Page 384

On December 27th, appellee filed a petition for the appointment of a special administrator to take temporary possession of the estate of the deceased. This ...


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