Estate of Raynor

165 Cal.App.2d 715 (1958) Estate of CLAYTON ASHLEY RAYNOR, Deceased. KAY RAYNOR, Appellant,

v.

STOCKTON SAVINGS AND LOAN BANK (a Corporation), Respondent.

Civ. No. 9428. California Court of Appeals. Third Dist.

Dec. 5, 1958. Walter McGovern and Wadsworth & Souza for Appellant.

Jacobs, Cavalero & Dietrich, D. R. Jacobs and Mark S. Bray for Respondent.

WARNE, J. pro tem. [fn. *]

This is an appeal from an order appointing Stockton Savings and Loan Bank, the nominee of Cora Raynor, administrator of the estate of Clayton Ashley Raynor, deceased.

The actual contest in this matter is between two women, Kay Raynor, hereinafter referred to as Kay, and Cora Raynor, hereinafter referred to as Cora, each of whom claims to be the surviving spouse of the decedent, hereinafter referred to as Cal. Each sought letters of administration.

Cal and Cora were married in 1927 and 18 years later on June 4, 1946, Cal obtained a divorce from Cora in Nevada. The following day, June 5, 1946, Cal married Kay in Nevada and they then drove to California where on June 20th Cal entered into a contract to purchase an apartment house in Tracy. The purchase of the apartment house was completed on July 6, 1946. On June 21, 1946, Cal returned to Nevada, where on June 27, 1946, just 22 days after marrying Kay, he obtained a Nevada judgment of divorce from her. He then returned to California and continued to live with Kay, whom he held out as his wife until his death, although he remarried Cora on November 30, 1946, which according to Kay was unknown to her. This latter marriage was never dissolved. Kay contends that the Nevada judgment of divorce dissolving her marriage to Cal was invalid.

A few days after Cal returned to Nevada, Kay received a letter from Cal's attorney enclosing a document entitled "Appearance and Waiver," which was later filed in the divorce action. The document, after reciting the title of the court and the cause, reads: [717]

"Appearance and Waiver"

"The undersigned, named as defendant in the above entitled action, hereby consents that when a complaint is filed by the above named plaintiff seeking an absolute divorce from the undersigned in the above named Court, this instrument will constitute an appearance in that action by the undersigned, and that the undersigned does hereby submit herself to the jurisdiction of the Sixth Judicial District Court of the State of Nevada, in and for the County of Humboldt."