Shelley v. Basso

WILSON, J. A mere statement of the principal object of this appeal will indicate the result that must follow. Appel[759]lant makes a collateral attack on a judgment that has long since become final and asks this court to review the proceedings and to rule upon the admissibility and sufficiency of the evidence introduced at the trial.

This is the second appeal by W. Prank Shelley from an order settling final account and for distribution. He asserts an interest in the estate by reason of an assignment from Jennie Y. Geisler, a daughter of decedent, of 20 per cent of the share of the estate claimed by her. On the former appeal the order settling account and for distribution was reversed with directions that a determination be made (1) as to whether Jennie Y. Geisler inherited any property from her deceased father, and in this connection to consider the effect of the previously made findings and judgment determining heirship; (2) as to whether the estate has any interest in the properties claimed by the widow as surviving joint tenant. (Estate of Basso, 68 Cal.App.2d 294 [156 P.2d 476].) Reference is made to that opinion for a statement of facts except such additional matters as are necessary for the determination of the present appeal. After the decision on the former appeal appellant filed amended objections to the final account and petition for distribution on which the trial was had.

Prior to the decree of distribution from which the former appeal was taken Jennie Y. Geisler, through her attorney, appellant W. Prank Shelley, filed a petition to determine heir-ship. After a hearing at which all interested parties were represented the court found among other things that decedent left surviving his widow, Katie Basso, sometimes referred to in the probate proceedings as Catterina Basso and Catherine Basso, a son, Charles Basso, and a daughter, Jennie Y. Geisler, both adults and both born of the marriage of decedent and Katie Basso; that the greater portion of decedent’s holdings at the date of his death were joint tenancy properties, both real and personal; that all the properties subject tp probate were acquired as the product of the labor of decedent and his spouse during coverture. As conclusions of law the court found that it was without jurisdiction to make an order in the heirship proceedings with reference to properties held in joint tenancy, or to pass on the validity of the joint tenancies; that the properties subject to probate were for all purposes of succession community property under the laws of this state; that by reason of decedent’s will and the provisions of section 201.5 of the Probate Code the surviving