Hilley v. Hilley

WILSON, Justice.

This case presents the pure law question of whether securities issued to husband and wife “as joint tenants with right of survivorship and not as tenants in com mon,” purchased with community funds, constitute community property upon the husband’s death, or the separate property of the surviving widow.

Appellee, son of the deceased husband by a former marriage, obtained a declaratory judgment that the securities were community property. It was stipulated that husband and wife purchased shares of corporate stock with community funds ; that before issuance, the husband, in the…