Estate Of Raphael

206 P.2d 391 (1949)

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Nature of the Case

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Facts

W and H, a cripple, were married in August 1939 -- about nine months before H inherited the property from his mother. Death occurred on February 20, 1946. From 1940-1945, W's income tax returns reflected that one-half the marital earnings were her income. P was the administrator of H’s estate. P claimed that all of H’s estate separate property. W filed objections claiming that a substantial part of the estate was community. W claimed an oral agreement to transmute H’s separate property to community W used her tax returns as corroborating proof. The court agreed with W. P appealed.