- 3 - 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 petitionerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011