Bolter v. Hatfield

WARNE, J. pro tem.* This is an appeal from the judgment in a proceeding under section 1080 of the Probate Code, awarding respondent all the assets of the estate of Lina L. Rightmier, deceased, except the sum of $5,000.

Appellant is one of the collateral heirs of the deceased, who died intestate, leaving neither spouse nor issue. Respondent is the daughter of the deceased husband.

Lina L. Rightmier was formerly the wife of Charles Sydney Elam who died on March 5, 1919. His estate was set over to Lina being under $1,500 in value. The entire estate consisted of a lot in Ceres, California, appraised at the value of $1,300. It appears that Lina L. Rightmier had a bank account in her own name in the bank of Ceres, which [53]was never more than $406. Her separate property at that time did not exceed the sum of $1,706, so far as the evidence shows, when she married David Lee Rightmier on September 28, 1920, approximately 15 months after the death of her first husband. David died some 31 years later on June 21, 1951, and during all of that time he lived with his wife, Lina. During their marriage the property they accumulated was nearly all placed in joint tenancy. The property which Lina had at the time of her marriage to David went into the joint tenancy as did moneys in an unknown amount which David received in settlement of a personal injury claim and certain property which he had inherited from his father. It also appears that David was working at the time of his marriage to Lina; that he had an automobile, at least, and he continued to work for a good part of the time he was married to Lina. There is no showing that Lina worked during the marriage or that she received anything by way of gift or inheritance. On the death of David his property, according to the inventory and appraisement on file in his estate, consisted of estate property appraised at $3,520 and joint tenancy property consisting of real and personal property totaling $75,784.

All bank accounts and bonds were held in joint tenancy by David and Lina.

In the proceeding for the probate of the estate of David Lee Rightmier, it was determined that all of the property standing in his name alone and the joint tenancy property in his and Lina’s name was community property, except for a contribution by Lina of $5,000 to the joint tenancy property of the parties.

On July 23, 1951, Lina was adjudged an incompetent person and continued as such to the day of her death on September 4, 1955. It is therefore obvious that she could not have been gainfully employed nor have contributed anything to her estate which was not there at the time of David’s death. In fact, the record shows that the estate decreased after the death of David.