Holmes v. Holmes

150 P. 793 (1915)

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Nature of the Case

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Facts

D is the son of Francis (H), deceased, who in his lifetime was the husband P. P's claim to ownership of the property is based upon the alleged fact that it was all purchased with her separate funds. Parcel 1 was acquired under a deed dated December 8, 1906, whereby the grantors conveyed the title thereto to P and H, who, as shown by deed dated January 4, 1909, conveyed his undivided one-half interest therein to his son, D. Upon this fact, and other evidence sufficient to justify the same, the court found, as alleged in the answer, that P and D were the owners of said parcel of land as tenants in common, each owning an undivided one-half interest therein. As for Parcels 2 and 3, the court found that it was community property acquired during the marital relation existing between H and P, and at the time of H's death, on November 1, 1910, title thereto was vested in P in trust for the community interest of herself and H, and that by his last will and testament, duly admitted to probate, all of the interest was by him devised to D. The court rendered judgment to the effect that P and D were each the owner of an undivided one-half interest in and to the property. P appealed.