Estate of Manley

SHEPARD, J.

This is an appeal on the judgment roll from an order in probate directing the exclusion from the gross estate accounted for of money received as death benefit from Teachers’ Retirement System of the State of California.

From the record before us it appears that respondent is the administratrix with the will annexed of the above entitled estate, and appellant is acting as her attorney in said estate proceeding. Deceased was a member during his lifetime of the California State Teachers’ Retirement System. In 1938, by written designation duly filed with the retirement board, he designated his then wife Mylla Manley as beneficiary of record for death benefits receivable from said state retirement system. He was later divorced from the said Mylla and in 1944 married respondent Edith B. Manley, who remained his wife until his death in 1957, and who is now his widow and the administratrix with the will annexed of his estate. The designation of said former wife Mylla as beneficiary of benefits receiv

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able from said California State Teachers’ Retirement System was, for reasons not disclosed by the record, never changed and the name of said respondent Edith B. Manley was never at any time filed with said board by him and never appeared at any time as beneficiary. An investigation after his death disclosed that all of his contributions to the retirement system after his marriage to respondent in 1944 were made from community funds of himself and respondent. As a result thereof it was determined that $8,636.94 of the death benefit payable was the community property of the deceased and said respondent Edith B. Manley, and that she is therefore entitled by reason of her community interest to one-half thereof or $4,318.47.

(Modern Woodmen of America

v.

Gray,

113 Cal.App. 729, 733 [4] [299 P. 754];

Gettman

v.

City of Los Angeles Dept. of W. & P.,

87 Cal.App.2d 862, 865 [1] [197 P.2d 817] ;