Estate of John Kenly, Deceased, Betty B. Kenly, Personal Representative - Page 12

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                        Under our Corporations Code �15026 a partnership                                  
                  interest is classified as "personal property."  While                                   
                  it is sometimes necessary to probate personal property                                  
                  belonging to a decedent who was not domiciled in                                        
                  California, California will apply the law of the                                        
                  decedent's domicile for purposes of determining                                         
                  intestate succession.  Accordingly if we take the view                                  
                  that title to the property in Bard was really held by                                   
                  the partnership (rather than in tenancy-in-common),                                     
                  California will apply Arizona law.  As I understand it                                  
                  from our earlier conversation, then the decedent’s                                      
                  children would in effect take 1/4 of decedent’s                                         
                  partnership interest.                                                                   
                        On the other hand, if we can take the position                                    
                  that the property was not at the time of the decedent’s                                 
                  death truly a partnership asset, but was held (as title                                 
                  reflects) by the decedent as tenants-in-common with his                                 
                  mother, then California law will apply, and if the                                      
                  decedent’s interest is community, that interest will                                    
                  pass entirely to the spouse.  * * *                                                     
                  On April 8, 1991, petitioner filed a spousal property                                   
            petition in the Superior Court of California, County of Imperial                              
            (the California court), averring that the Bard property was                                   
            community property.  The petition also requested the California                               
            court (1) to determine that a one-half interest in the Bard                                   
            property passed from decedent to petitioner by intestate                                      
            succession and (2) to confirm that the remaining one-half                                     
            interest was petitioner’s in her own right.  A hearing was                                    
            scheduled for April 26, 1991.  Notice of hearing was given to                                 
            petitioner and to decedent's two sons, Mark and Rodney Kenly.  No                             
            notice was given to any of decedent's grandchildren.  A hearing                               
            was held on April 26, 1991.  No one asked to be heard, and no one                             
            opposed the petition.  The petition was granted, the judge                                    

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