Estate Of Wolfe

311 P.2d 476 (1957)

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Nature of the Case

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Facts

H and W were married in 1935. In 1937, W filed a complaint for divorce against H. The action did not go to trial and was dismissed in 1940 upon the filing, by W, of a second complaint for divorce. Upon the trial of the second action, a decree was entered in favor of W. Shortly thereafter, W left California on a trip to New York. Upon her return, three weeks later, the parties agreed to a reconciliation. W resumed living with H and continued to do so until he died on November 24, 1952. In 1943, the second divorce action was dismissed without the entry of a final decree. As part of the second divorce action, two property settlement agreements were entered into. H believed that these settlement agreements were still in effect. H’s will reflected this belief. The will stated that all property owned by H was his separate property and that some of the estate would go to W but that the residue was to go in trust for W and P with the survivor getting an estate in fee simple. The trial court found that the property settlement agreement was abrogated upon the reconciliation of the parties and that all of the property in which H had an interest at the time of his death was community property. W claimed her one-half interest in all of the community property and those interests where she was named as a beneficiary. P sued for a declaratory judgment that W was required to make an election, but could not have both. The court ruled against P and P appealed.