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According to the terms of that sale, the buyers made a
downpayment of $270,866.50 and gave a promissory note for
$149,840. Zona Kenly made the downpayment with a check drawn on
her checking account in the amount of $270,866.50. Zona Kenly
and decedent signed a promissory note for $149,840, for the
balance of the purchase price. The escrow instructions relating
to the purchase of the 125-acre Bard parcel identified the buyers
of the 125-acre Bard parcel as decedent and Zona Kenly, stated
that Zona Kenly was a widow, and stated that decedent was dealing
with his sole and separate property. The sellers of the 125-acre
Bard parcel, by warranty deed, conveyed title to that property to
“JOHN KENLY husband of Betty Kenly as his sole and separate
property and; [sic] ZONA KENLY, a widow”.
In 1986, petitioner signed and recorded a disclaimer deed
with respect to the 125-acre Bard parcel. That deed referred to
petitioner as the undersigned and decedent as the spouse, and
stated:
1. The spouse has acquired title to * * *
[description of the 125-acre Bard 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
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Last modified: May 25, 2011