O'BRIEN v. Superior Court in and for Maricopa County

I am unable to agree with the conclusions reached by the majority. The basis of my disagreement requires a restatement and examination of the meager facts as they were known to or should have been known to the court below.

Caroline B. O’Brien died on the 13th day of February, 1964, survived by four children, two natural, Joseph T. O’Brien, petitioner, and Suzanne Bates, and two adopted, Robert George and Thomas Henry, both minors. She left a Last Will and Testament dated January 5, 1964, which had been drawn for her by petitioner, an attorney duly licensed to practice in Arizona. The will left…