Issues

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Nature Of The Case

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Facts

H and W were married on January 31, 1939. They divorced in 1968, after 29 years of marriage. Prior to and during the early years of the marriage, H inherited a total of $ 1,629,129 in cash and securities. H was not employed during the marriage and devoted his time to handling the separate estate and engaging in private ventures with his own capital. H spent the major part of his time studying the stock market and actively trading in stocks and bonds; he also undertook several real estate ventures, including the construction of two hotel resorts. H not particularly successful. Over the lengthy marriage, H's total estate enjoyed only a very modest increase to $1,850,507.33. The only money received and spent during their marriage were derived from H's separate estate. w's sole occupation was that of housewife and mother. The ordinary living expenses were $2,000 per month and, in addition, after 1960, the family incurred extraordinary expenses (for travel, weddings, gifts) of $22,000 per year. The only community property was a promissory note in the sum of $38,000, payable in monthly installments of $262.56. The trial court awarded the entire proceeds of the note to W. W contends that the trial court erred in failing to find any community property resulting from the industry, efforts, and skill expended by her husband over the 29 years of marriage.

Holding & Decision

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Legal Analysis

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