In re Wilson's Estate
| Decision Date | 08 November 1917 |
| Docket Number | Civil 1537 |
| Citation | 168 P. 503,19 Ariz. 205 |
| Parties | In the Matter of the Estate of ANNIE WILSON, Deceased. MANUEL ESCALADA, Appellant, JOHN W. WILSON, Appellee |
| Court | Arizona Supreme Court |
APPEAL from a judgment of the Superior Court of the county of Santa Cruz. Frank Baxter, Judge. Affirmed.
Messrs Barry & Barry and Messrs. Duffy & Purdum, for Appellant.
Mr. M Marsteller and Mr. S. P. Noon, for Appellee.
On the twentieth day of January, 1915, appellant filed his petition in the superior court of Santa Cruz county, Arizona, for letters of administration upon the estate of Annie Wilson deceased, alleging as a reason therefor the discovery of property belonging to the estate that had not been administered upon by a former administrator who had theretofore, to wit, on the sixteenth day of June, 1908, rendered his final account and been discharged. The allegation with reference to the former administrator and the newly discovered property belonging to the estate of Annie Wilson is, so far as material, as follows:
"That there was not included in the inventory of the said estate, the appraisement, nor in the decree of distribution thereof, the community interest of the said Annie Wilson, deceased, in certain real property hereinafter described; that the said property was acquired during the lifetime of Annie Wilson and John W. Wilson, and during the period of their marriage; that the said property has lately been discovered to belong to the estate of said Annie Wilson, and should be administered by this court. . . . "
The property is then described as lot 1 in block 4. We assume it is located in the city of Nogales, although there is no allegation as to its location.
It is alleged that Annie Wilson left surviving her a husband, John W. Wilson, of Nogales, and a daughter, Nellie Sullivan, of Chicago, and "that the said relatives are entitled to share in the distribution of said property as heirs of said Annie Wilson." The answer of the appellee consisted of special demurrers, general and specific denials, and an affirmative defense.
If all of the things alleged in the petition for letters of administration be taken as true, the question is: Does it state facts sufficient to authorize the court of probate to appoint an administrator to take possession of and administer upon the community interest of Annie Wilson, deceased, in the said described lot? It certainly does not, unless her community interest passed to her estate and became a part thereof upon her death. If her community interest did not become a part of her estate, but immediately vested in her surviving husband and her daughter, there could not possibly exist any reason for administering thereon, unless it be shown that there were community debts that should be paid out of the community property. There is no showing that there were any community debts. The law on the subject of the devolution of community property in existence at the time of the death of Annie Wilson is contained in paragraph 2124 of the Revised Statutes of 1901, and reads as follows:
"Upon the dissolution of the marriage relation by death, all the common property belonging to the community estate of the husband and...
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In re Monaghan's Estate
...to him by operation of law, there is really no necessity for administration of it unless there are debts. We have so held. Estate of Wilson, 19 Ariz. 205, 168 P. 503. however, there are community debts, the most convenient, speedy, and practical method of clearing the estate is to confer on......
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Lawson v. Ridgeway
...2124 of the Revised Statutes of 1901, though not in the identical language. Construing this latter section in the case of Estate of Wilson, 19 Ariz. 205, 168 P. 503, it was held, in the absence of a showing of community debts, that upon the dissolution of the community by the death of the w......
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Foreman's Estate, In re
...survivor's interest in community real property vests immediately, LaTourette v. LaTourette, 15 Ariz. 200, 137 P. 426; In re Estate of Wilson, 19 Ariz. 205, 168 P. 503, and similarly the real property of a deceased person changes in ownership upon his death by operation of law and becomes ve......
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Jacob's Estate, In re
...no creditors one of the considerations for the appointment of the administrator disappears.' Also, in the case of In re Wilson's Estate, 19 Ariz. 205, 207, 168 P. 503, 504, wherein one petitioned for letters of administration to distribute newly discovered community property of an intestate......