Matter of Estate of Hardaway

ALMA WILSON, Justice:

During the probate of the estate of Lá-veme1 Hardaway, a dispute arose concerning what property was the separate property of Mrs. Hardaway, and what property was acquired by the joint industry of Mrs. Harda-way and her husband, Joe C. Hardaway. Two issues were raised. Where property is acquired and held in the name of the deceased spouse, during the marriage, must the surviving spouse present evidence that the property is joint industry property, or is the property presumed to be joint industry property? If such a presumption exists, what evidence is necessary to overcome…