In Re the Estate of ELLIOT GOLDMAN

OPINION

PELANDER, Chief Judge.

¶ 1 In this probate action, appellant Jay Goldman, personal representative (PR) of the Estate of Elliot Goldman, appeals from a summary judgment entered in favor of appel-lee, the Jewish Community Foundation of Southern Arizona. Jay argues that, because the estate asset value at Elliot’s death was insufficient to pay a devise to the Foundation and “date of death values are considered in determining whether abatement occurs,” the devise to the Foundation abated, and the trial court erred in concluding otherwise. We disagree and, therefore, affirm the judgment.

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