IN RE ESTATE OF SIMS

No. 2 CA-CIV 854.

13 Ariz. App. 215 (1970)

475 P.2d 505

In the Matter of the ESTATE of Eugene T. SIMS, Deceased. Laura K. SIMS, Appellant, v. Helen HANRAHAN, Special Administratrix of the Estate of Eugene T. Sims, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 13, 1970.

Review Denied January 5, 1971.


Attorney(s) appearing for the Case

Messing & Hirsh, by William Messing, Tucson, for appellant.

D'Antonio & Videen, by Garven W. Videen, Tucson, for appellee.


HATHAWAY, Judge.

This is an appeal from a probate order directing that appellant, surviving spouse of the decedent, be awarded a homestead for a period of 18 months thereafter. The order decreed that title to the subject property vested in the heirs of the decedent subject to the assignment to the surviving spouse.

On appeal, two alternative grounds for reversal are urged: (1) the subject property was community property of the parties and therefore fee title...

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