In re Estate of Dolby

By Judge Robert J. Smith

On December 12, 2007, the Estate of Cornelius A. Dolby filed a Petition for Aid and Direction in this court, seeking a determination as to whether the debt underlying a deed of trust entered into solely by the decedent and secured by real property that the decedent and his surviving spouse held as tenants in the entirety with right of survivorship is attributable to the decedent’s estate or his surviving spouse.

I have carefully considered the pleadings, the briefs, stipulation of facts submitted by the parties, the evidence presented in court, and the arguments of…