Estate of Paul

[404]

KINCAID, J. pro tem.

This appeal is by petitioner Martha Paul, as guardian of Dolores Paul, a minor, from that certain judgment appointing Dorothy B. Paul administratrix of the estate of Everett J. Paul, deceased, and ordering letters of administration to be issued to her.

The undisputed facts are that the decedent, Everett J. Paul, married Martha Paul in 1928 and there are four living minor children the issue of such marriage, Dolores being the eldest. On June 21, 1945, a divorce action was filed in Los Angeles County by Martha against Everett and process therein was served on him June 29, 1945. He owned a one-half interest in the Paul Gear Works in Glendale, California. On July 10, 1945, Martha and Everett, each being represented by legal counsel, entered into a property settlement agreement providing for her and the children’s support and for a division of the community property by virtue of which one-half of decedent's interest in the Paul Gear Works was assigned to Martha, each thus retaining a one-fourth share of the whole of such business. Each party to the agreement further, in writing, specifically waived all rights to administer upon the estate of the other after the death of such other. On July 12, 1945, Everett sold his remaining one-fourth interest in his business to Martha and his partner, B. A. Tilton, for a substantial sum which remained due and owing him. ,

On the same day, July 12, he left Glendale and went to Reno, Nevada. On August 29, 1945, he filed a complaint for divorce in the District Court of the State of Nevada, in and for the county of Washoe, against Martha as defendant. She, with advice of her counsel, then filed her appearance and waiver in said Nevada action whereby she specifically submitted herself to the jurisdiction of such court, consented to the entry of her default and waived notice of trial and all findings. Trial was thereupon had and a judgment of divorce was rendered by the Nevada court granting him a full and immediate divorce from Martha, the property settlement agreement between the parties being filed with and approved by the court. He thereupon, on the same day, August 29,1945, in Reno, Nevada, married Dorothy Cathcart, hereinafter referred to as Dorothy Paul, whereupon they immediately left Nevada and went to Sacramento, California, thence returning to Glendale, California. Everett was killed in an automobile accident in Los Angeles County on November 5, 1945.