Bruneman v. Bruneman

WOOD, J.

George L. Bruneman died on October 25, 1937, leaving an estate consisting of cash in the sum of $20,000. His mother, Mae Bruneman, sought to be appointed administratrix of his estate but the trial court denied her petition and granted letters of administration to petitioner Patricia O ’Neil,

[607]

who claims to be the widow of deceased. The appeal is by Mae Bruneman from the order granting the letters of administration.

From the findings of the trial court, which are sustained by the evidence, it appears that respondent was married to decedent on April 8, 1930. A petition was filed by decedent in the State of Nevada on June 18, 1936, by which he sought a divorce from respondent and on the following day, June 19, 1936, the District Court of Clark County, Nevada, rendered its decree purporting to dissolve the marriage between decedent and respondent. Both parties to the Nevada action were residents of Los Angeles, California, and neither at any time resided in the State of Nevada. Finding VIII is as follows: “That there was filed in said divorce action in said Clark county, state of Nevada, what purported to be an appearance on the part of Petitioner herein (respondent), the defendant in said action, said appearance having been made by one Morris Wolfman, an attorney; that prior to the entry of said appearance by said Wolfman, he had received what purported to be a Power of Attorney authorizing his appearance in said action on behalf of Petitioner herein, the defendant therein. That said Power of Attorney was procured from Petitioner by decedent under the following circumstances: Decedent handed said paper to Petitioner and asked her to sign the same and told Petitioner that said document was one whereby decedent would be enabled to obtain a valid divorce from Petitioner; that Petitioner, at said time, was not able to read said document without use of eye glasses and that at said time she had no such eye glasses in her possession and therefore was unable to, and did not, read said document; that Petitioner believed that said document related to the commencement of an action for divorce in California and did not know nor was it divulged to her that the same purported to authorize any attorney to appear for her in any action filed in the State of Nevada; or any other place outside of the State of California; that had said Petitioner known the true nature of the contents of said document, she would not have signed said instrument; that said instrument purported to authorize said Wolfman to waive answer and notice of time and place of hearing of the trial of said Nevada divorce action and that had Petitioner known that such were the recitals in said document, she would not have executed the same; and that by