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Kleemann v. Sheridan

Supreme Court of Arizona

April 20, 1953

KLEEMANN
v.
SHERIDAN.

Rehearing Denied May 19, 1953.

[75 Ariz. 312] Moore & Moore, of Phoenix, for appellant.

Langmade & Sullivan, of Phoenix, for appellee.

PHELPS, Justice.

This is an appeal from a judgment of the superior court of Maricopa County in favor of defendant-appellee and against plaintiff-appellant.

The facts are that appellant Florence A. Kleemann and Fannie E. Sheridan were sisters; that on May 9, 1932, appellant and

Page 554

Mrs. Sheridan rented a safety deposit box from the Valley National Bank and jointly signed a contract of lease with the bank [75 Ariz. 313] which insofar as material to the instant case, provides:

'* * * It is hereby declared that all property of every kind at any time heretofore or hereafter placed in said box is the joint property of both lessees and upon the death of either passes to the survivor. Each shall have full access to and control of the contents of said box without further authority. * * *'

The entire contents of the box were the separate property of deceased and consisted of:

1. Warranty deed to Fannie E. Sheridan, a widow, Lot 5, Block 2, Hamilton Subdivision in the City of Phoenix.

2. Warranty deed to Fannie E. Sheridan, a widow, to the west 87 feet, Lot 4, Block 8, Brills Addition as amended.

3. Administratrix's deed to Fannie E. Sheridan, a widow, to Lot 58, Highland Addition, Maricopa County.

4. A $500-mortgage note and mortgage from LeRoy Peyton to Fannie Sheridan, mortgagee.

5. A $175-mortage note from Raymond C. and Joan Lee Boles and mortgage to Fannie Sheridan, mortgagee.

6. A $150 American Express Traveler's check signed Fannie E. Sheridan.

7. $2500 Postal savings notes, Fannie E. Sheridan.

8. A $1000 U. S. Savings Bond, Series E, registered--Fannie E. Sheridan.

9. A $100 U. S. Savings Bond, Series E, registered Fannie E. Sheridan, P. O. D. ...


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