Merola v. Superior Court

WOOD (Fred B.), J.

In a proceeding under sections 613-615 of the Probate Code, brought by the executor of the will of Gaetano Merola for examination of the widow, Gladyce C. Merola, concerning property of the estate allegedly in her possession, the court sitting in probate made an order (1) directing that the widow forthwith deliver to the executor cash in the sum of $4,000 and bonds of the face value of $16,000, found and declared to be the property of the estate, and (2) enjoining the widow, the executor, and the Hibernia Savings and Loan Society from withdrawing moneys from or in any way changing the status quo of a certain savings account.

Later, upon the hearing of a motion by the widow to vacate this order, the court amended the order by deletion of the finding that the cash and the bonds belonged to the estate and by addition of a statement that “nothing herein shall be deemed prejudicial to the rights” of the widow “to determine the question of title to said property in an appropriate action.”

[3]

The widow then instituted this proceeding to review the order, claiming it void for asserted lack of jurisdiction to make it. Save as to three $1,000 bonds standing in the sole name of the decedent, which the widow admits belong to the estate and alleges have been delivered to the executor, the order is void. Except as to those three bonds, the order should be annulled.

The rest of the bonds, the cash, and the savings account she claimed at the hearing, and still claims, as her sole property.

Two $1,000 government bonds stood in the name of the decedent and the widow (“Gaetano Merola or Mrs. Gladyce Merola”), which she claims were held in joint tenancy and upon his death became her sole property. Seven bonds payable to bearer, of the total face value of $11,000, she claimed he gave her in his lifetime and that they have been in her possession ever since. The $4,000 cash item consisted of a deposit of that amount in her name in the Bank of America, which she testified represented a withdrawal in that amount from a joint account of theirs in another bank, a withdrawal which she made at his suggestion, prompted by his desire that it be and become her sole property. The savings account with the Hibernia Savings and Loan Society stood in the names “Gaetano Merola or Gladyce C. Merola.” She claims it was held in joint tenancy and that she, as survivor, is now its sole owner.