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claimed were community property. The financial statement failed
to list the New Mexico ranch as community property. In the
complaint, petitioner requested that the divorce court order
decedent to file an inventory of all community property. The
divorce court so ordered. In June 1967, decedent filed an answer
to the complaint, which included a list of community property.
That list did not include the New Mexico ranch. Petitioner made
no objection to that omission. The action was twice set for
trial. The action was not tried and was dismissed in February
1969.
Exchange of Interest in New Mexico Ranch for Interest in
Dunlap Property
In 1939, Frank Kenly and decedent's mother, Zona Kenly,
bought property near Dunlap Road in Phoenix, Arizona (the Dunlap
property). In 1974, decedent exchanged his interest in the New
Mexico property for Frank Kenly’s interest in the Dunlap
property. The intent of decedent and Frank Kenly was that Frank
Kenly divest himself of his interest in the Dunlap property and
decedent divest himself of his interest in the New Mexico
property. Attorney John Hughes represented decedent in that
exchange. In a statutory quitclaim deed executed in 1974, Frank
Kenly conveyed his interest in the Dunlap property to decedent.
In a replacement deed signed in 1975, Frank Kenly again
quitclaimed his interest in the Dunlap property to decedent.
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