Dunn v. Mullan

296 P. 604 (1931)

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Nature of the Case

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Facts

Patrick (H) and Margaret (W) were married in 1913, and continuing up to the time of H's on the ninth day of June 1924. W died the following day. H left all of his property to his wife, and W by will left all of her property to her H. W became entitled to all of the property by the terms of H's will. The property at issue was in the name of both H and W; thirty-eight acres of it had been conveyed to them by deed dated June 28, 1917, and the remaining thirty acres having been conveyed to them by deed dated November 28, 1917. In each deed of conveyance H and W were named the grantees as husband and wife. It further appears that on June 28, 1917, they executed a trust deed to the thirty-eight-acre parcel to secure the payment of $3,000 and on November 28, 1917, they executed a trust deed to the thirty-acre parcel to secure the payment of an amount not indicated in the record. A five or six room bungalow with concrete basement, barn, garage, and tank-house was constructed. These improvements were of the reasonable value of $5,000. P sued to quiet title and D alleged that one-half of the property involved was the separate property of W and the remaining one-half interest was the community property of W and H. The judgment held that on the date of H's death, W was the absolute owner of an undivided one-half interest in and to all of the real property described in the complaint as her separate property; that the remaining one-half undivided interest was the community property of H and W, and that immediately upon the H's death the community property became vested in W, as his surviving wife, by and pursuant to the terms of the last will and testament of H. On balance, W had 3/4ths and H had 1/4^th. P appealed.