Rehearing Denied September 25, 1951.
Modified and affirmed.
James M. Howsare and John W. Ross, of Tucson, for appellant.
Hall, Catlin & Molloy, of Tucson, for appellee.
La Prade, Justice. Udall, C. J., and Stanford, Phelps and De Concini, JJ., concur.
La Prade, Justice.
[72 Ariz. 256] Judgment, in the sum of $ 8,210.98, was rendered in this case in favor of appellee Dorothy J. Lawson Ridgeway, as administratrix of the estate of Bessie Brainard Lawson, and against Kathryn Wright Lawson as executrix of the estate of John W. Lawson. In addition to the money judgment it was adjudged that each of these estates owned an undivided one-half interest in Lots 1, 2, 3, and 12, in Block 5 of Mitman addition to the township of Oracle, Pinal county, Arizona, and provided that these lots should be partitioned according to law between the two estates.
The appellee Dorothy Lawson Ridgeway, plaintiff below, is the sole surviving heir of her mother, Bessie Brainard Lawson, who was the first wife of the deceased John W. Lawson. The appellant Kathryn Wright Lawson, defendant below, is the surviving widow and second wife of Lawson. Bessie Lawson died, a resident of Pinal county, September 1, 1929. No attempt was made to probate her estate until December 2, 1946, when proceedings were instituted in Pinal county. On January 23, 1932, John Lawson, then a widower, married Kathryn. John Lawson died on October 22, 1946, a resident of Pima county, Arizona, and [72 Ariz. 257] thereafter, on November 25, 1946, appropriate proceedings were instituted to probate his estate in Pima county.
The daughter Dorothy, in her capacity as administratrix of the estate of her deceased mother, instituted the action resulting in the judgment from which this appeal originates, claiming that the separate estate of her father was indebted to the estate of her mother in the sum of $ 9,300 on account of community funds of Bessie and John that had been used by the husband to improve his separate property during the existence of the marriage.
The facts as found by the trial court, and we believe amply supported by the evidence, disclose:
1. That John married Bessie on June 14, 1913; that at this time he was a resident of the small and isolated community of Oracle.
2. That shortly before this marriage he had acquired Blocks 13, 14, 15, 16, and 17, all in Oracle townsite and all of which was
unimproved except for a small store building and a ...