Keene v. Board of Directors of Veterans' Home

NICOL, P. J.,

pro tem.

This is an action by the plaintiffs, claiming to be heirs at law of one George W. Keene, deceased, to recover from defendants certain moneys held by them, that plaintiffs claim to be entitled to as heirs at law of said decedent.

The said George W. Keene died on the twenty-seventh day of August, 1916, and was at the time of his death a resident of Napa County, and an inmate of the Veterans’ Home of California, located at Yountville, in the said county of Napa. Prior to his death, he turned over to defendants sixteen pension checks representing $1,029.17 in money; these uncashed checks he left at the time of his death, and in addition, there was on deposit with defendants belonging to George W. Keene at the time of his death the sum of $260.17; the public administrator of the county of Napa was appointed administrator of the estate of deceased; he

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administered upon Ms estate and the probate court on the nineteenth day of November, 1917, made and entered its decree distributing the residue; under the decree of distribution, the residue amounting to $876.25 was ordered paid “to the treasurer of Veterans’ Home at Yountville as a trustee to be held in trust and disbursed in accordance with the laws of the state of California - governing trust funds paid to the directors of the Veterans’ Home at Yountville, or any officer of the Home, and upon filing proper receipts,” etc. . . .

Subsequent to the making of this decree of distribution, the plaintiffs demanded of defendants all of the moneys deposited by the decedent, together with the moneys distributed in the decedent’s estate, except one-sixth thereof, that plaintiffs alleged belonged to a sister of decedent, Jane Keene, not a party to this action, which demand was refused by defendants upon the ground that so far as the moneys distributed to respondents out of the decedent’s estate was concerned, the probate court had no power or authority to so distribute said estate to them; that, on the contrary, the estate should have been distributed to the county treasurer, and suggesting that plaintiffs procure an order from the probate court directing respondents to deliver $876.25, so distributed to defendants to the county treasurer of the county of Napa.