Fernandez v. Zorrilla

In June, 1950, appellee Emma Garza filed a complaint against Maria Z. Fernandez, administratrix of the estate of Gerardo Zorrilla, deceased, in substance claiming a one-half interest in certain real and personal property acquired through the joint efforts of herself and the decedent and claiming a lien on certain property by reason of there having been expended their joint funds in improving such property. After a summary judgment in favor of administratrix, the case came to this court and we reversed and remanded for trial. Garza v. Fernandez, 74 Ariz. 312, 248 P.2d 869. Pending this appeal the defendant administratrix submitted to the probate court her final account and petition for decree of distribution securing from that court a decree distributing the property involved in the litigation to the heirs (the administratrix is an heir) as the property of decedents estate. She likewise secured her discharge as administratrix.