Legal Opinion

Monaghan v. Kennerdell

Arizona Supreme Court

Decided May 17, 1943No. Civil No. 4503PublishedCited by 8 opinions

1Opinion of the CourtStanford, J.

This is a case of the contest of a will, the ground for contest being that the decedent-lacked testamentary capacity to make the will.

The will was executed April 18, 1940, and testator, Robert J. Monaghan, died on or about the 10th day of May, 1941, at Phoenix, Maricopa County, Arizona. On May 17, 1941, Richard H. Kennerdell, the person named executor in the will in question, filed the will for probate in said county. Tbe hearing on probate proceedings was set for June 3, 1941, and on May 26, 1941, the appellant filed an opposition to probate the same, and the matter of the contest was heard…

2Cases cited3 opinions

  1. McArthur v. ScottSupreme Court of the United States · 1885
  2. Bell v. DavisSupreme Court of Oklahoma · 1914
  3. Estate of Sears v. SearsArizona Supreme Court · 1939

3Cited by8 opinions

  1. McNutt v. GerckeArizona Supreme Court · 1945
  2. Kalkbrenner v. AndersonCourt of Appeals of Arizona · 1965
  3. In Re Monaghan's EstateArizona Supreme Court · 1946
  4. Matter of Estate of KillenCourt of Appeals of Arizona · 1996
  5. Murray v. ThomasArizona Supreme Court · 1956

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