Anderson v. Hande
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Graham. G. W. Shute, Judge. STATEMENT OF FACTS. BY THE COURT.
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APPEAL from a judgment of the Superior Court of the County of Graham. G. W. Shute, Judge. STATEMENT OF FACTS. BY THE COURT. The following instrument was offered with the petition of the appellees for probate as the last will and testament of Isabella Anderson, deceased: ‘ ‘ This deed, made and entered into this 25th day of August, 1902, between Peter Anderson of the first part and Isabella Anderson of the second part, both of Safford, Graham county, Arizona, witnesseth that the parties hereto are husband and wife and have agreed to make this deed of trust, for the disposition of all their…
1Opinion of the CourtCunningham, J.
In describing the character of this instrument in Houck v. Anderson, 14 Ariz. 502, 131 Pac. 975, we said the instrument “is reciprocal in its terms in that each (party thereto) purports to give all his interest in the common property to the other, effective upon his death, with remainder over after the survivor’s death to nearest heirs at law of both the testators.” We held that Peter Anderson revoked the instrument as his will by his marriage with Ruth Wilson Anderson, and therefore held the instrument not subject to probate as the will of Peter Anderson.
*189In this case the instrument is…
2Cases cited2 opinions
- Bell County v. AlexanderTexas Supreme Court · 1858
- In re the Estate of AndersonArizona Supreme Court · 1913
3Cited by5 opinions
- Estate of Harrison P. Shedd, Deceased First National Bank of Arizona, Phoenix v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1956
- Freeman v. HouckArizona Supreme Court · 1916
- Branchflower v. MasseyOregon Supreme Court · 1949
- Estate of Harrison P. Shedd, Deceased First National Bank of Arizona, Phoenix v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1956
- Freeman v. HouckArizona Supreme Court · 1916