In re GRAHAM'S ESTATE.
MAXWELL et al GRAHAM
Clarence O. Fehling, Eli Gorodezky, and Andrew L. Bettwy, all of Phoenix, for appellant.
Fred V. Moore, of Phoenix, for appellees.
De Concini, Justice. Phelps and La Prade, JJ., concur. Udall, Chief Justice (dissenting). Stanford, Justice (dissenting).
De Concini, Justice.
[73 Ariz. 180] This is an appeal from an order of the trial court refusing to set aside, under the provisions of section 38-902, A.C.A.1939, a probate homestead to Sadie R. Graham, widow of Charles Edward Graham, deceased. The facts of the case show the following:
[73 Ariz. 181] Prior to September, 1947, Sadie Graham, appellant, and her husband were residents of the state of Washington. The property in Arizona which was attempted to be set aside as a homestead was purchased about six months before the Grahams moved to Arizona. At the time they came to Arizona they brought their household furnishings and personal property with them. There was still some property of the value of approximately $ 3,000 in Washington. The husband died intestate in October, 1949, after having lived in Arizona for two years.
Mrs. Graham, shortly after the death of her husband, returned to Washington and instituted probate proceedings in the courts of that state. She filed a petition asking that she be appointed administratrix. In this verified petition she set out the following:
"That Charles E. Graham died in Cactus in the County of Maricopa, State of Arizona, on the first day of October, 1949, and that he was at the time of his death a resident of Port Orchard, in the County of Kitsap, in the State of Washington, and left estate in Kitsap County, Washington, the probable value of which is: Real Property $ 2750, Personal Property $ 250.00 * * *.
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"That your petitioner is the widow and surviving spouse of said deceased, and therefore is entitled to have Letters of Administration of said estate issued to Sadie R. Graham, who is a resident of the State of Washington, and a fit ...