Phoenix Savings Bank & Trust Co. v. Ellis

This an appeal from an order of the superior court, to the effect that counts I, II, and TTT of defendant’s amended counterclaim should be stricken from defendant’s third amended answer and amended counterclaim, and denying the right to amend them.

The question involved in the appeal is one of law alone, and the facts necessary for its determination may be stated as follows. Altiemond Montgomery Ward, hereinafter called decedent, a resident of California, died intestate in that state on or about the 28th day of October, 1933, leaving a substantial estate in both California and Arizona. On the…