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The title report prepared in connection with the exchange
lists the insureds as Zona Kenly and decedent and states that the
interest insured under the policy is "a fee simple vested in ZONA
KENLY, a widow, and JOHN KENLY, a married man, as his sole and
separate property." The sellers of the Windmill Ranch assigned
the lease to "Zona Kenly, a divorced woman, and John Kenly, as
his sole and separate property”. According to the warranty deed
for the 40-acre parcel, the sellers were “Zona Kenly, a widow and
John Kenly, a married man dealing with his sole and separate
property.” The sellers of the Windmill Ranch, by warranty deed,
conveyed title to that property to "ZONA KENLY, a widow and JOHN
KENLY, a married man as his sole and separate property”.
On May 3, 1979, petitioner had signed and recorded a
disclaimer deed with respect to the 40-acre parcel. That deed
referred to petitioner as the undersigned and decedent as the
spouse. It stated:
1. The spouse has acquired title to * * *
[description of the 40-acre parcel].
2. The property above described is the sole and
separate property of the spouse having been
purchased with the separate funds of the
spouse.
3. The undersigned has no past or present right,
title, interest, claim or lien of any kind or
nature whatsoever in, to or against said
property.
4. This instrument is executed not for the
purpose of making a gift to the spouse, but
solely for the purpose of clearly showing of
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Last modified: May 25, 2011