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The New Mexico Ranch
In 1958, Frank Kenly, decedent’s father, bought a ranch in
New Mexico (the New Mexico ranch). Decedent did not pay any
money toward the purchase of the New Mexico ranch. By statutory
warranty deed recorded in 1958, the New Mexico ranch was granted
to “FRANK KENLY and JOHN KENLY, as joint tenants”. The recorded
statutory warranty deed included the following statement, which
was signed by Frank Kenly and decedent:
STATEMENT OF INTENTION TO CREATE JOINT TENANCY
FRANK KENLY and JOHN KENLY, hereby state that the
effect of the foregoing deed has been explained to the
[sic], and they hereby declare that it is their wish
and intention that they take the property described in
the deed as joint tenants with the right of
survivorship and not as community property nor as
tenants in common.
In 1971, Frank Kenly signed and recorded an affidavit stating
that he and decedent were the owners of the New Mexico ranch.
According to an exchange agreement signed by Frank Kenly and
decedent in 1974, decedent owned an undivided one-half interest
in the New Mexico ranch.
The Divorce Proceeding
In February 1967, petitioner initiated an action for divorce
from decedent (the action) by filing a complaint (the complaint)
in an Arizona court (the divorce court). Petitioner was
represented by counsel. Petitioner filed a financial statement
with the divorce court (the financial statement). The financial
statement contained a list of several properties that petitioner
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Last modified: May 25, 2011