Estate of Fingland

PARKER, J.

pro tem.

This is an appeal from an order and decree of distribution. The controversy is between the heirs of Sarah Edna Fingland, deceased, and the heirs of John Fingland, her predeceased spouse. The dispute involves the character of the property owned or held by Sarah Edna Fingland at the time of her death.

John Fingland and Sarah were married in 1901 and lived together until the death of John on or about April 9, 1923. There were no children. The heirs of the wife, to whom the decree appealed from awards her estate, are her brothers, sisters and the son of a deceased sister. The heirs of the husband, claiming a one-half of the estate are his brothers and a sister. It is admitted by all parties that the entire estate was originally the community property of John and Sarah Fingland, the fact being that the accumulated assets represented the earnings of the husband.

These earnings were placed in a savings bank at Woodland, where the parties resided for a number of years.

[397]

From the record before us the first definite evidence with this bank account appears as of the year 1912. On March 21, 1912, wo find evidence of the deposit and on the ledger sheet of the bank we find the notation: “This deposit and the increase thereof is payable to the undersigned or either of them, or to the survivor in case of the death of either of them.” There is nothing on the ledger sheet to indicate at whose request or suggestion the notation was made. There is, however, an undated signature card containing the same notation and signed by both of the spouses. While the card is undated there is evidence to support the conclusion that the same was executed at a date prior to the year 1915 and that subsequent to that time the account was carried as on the card indicated.

As much of the controversy seems to hinge upon this mode of account we may stop here and answer the respective contentions of the parties to the litigation.

Eespondents, heirs of the wife, argue that the mode of deposit as evidenced by the card and the agreement of the' spouses, created as between the husband and wife, a joint tenancy in the moneys then on deposit and the accruals thereto; that upon the death of John Fingland the wife took the money as the survivor of the joint tenancy with no reference to nor connection with the marital community.