Estate of Friedman
Opinion
Opinion
Fleming, J.
The issue here is which of five savings accounts should be included in the estate of Aaron Friedman. The adverse parties are Irene Friedman, Aaron’s widow and administratrix of his estate, who claimed the accounts as hers; and Rose Knable, Aaron’s sister, who petitioned the probate court to include the savings accounts in Aaron’s estate.
Aaron and Irene were first married in Cleveland, Ohio, in 1919. Because Aaron failed to support her, Irene divorced him in 1920 and moved to Los Angeles. Aaron remarried, and his second wife died in 1967. In July 1968 Aaron came to Los Angeles to visit his sister Rose, met Irene, and asked her to remarry him. Irene told him she could not live on love alone, that she would not marry him again unless he had money.
Aaron went back to Cleveland to wind up his affairs, and on 18 August he returned to Los Angeles, where Irene met him at the airport. He handed her an envelope which contained five $15,000 cashier’s checks, which checks, however, were not payable to her. “Here,” said Aaron, “this is yours.” Later that night Irene handed the checks back to him. “You take it,” she said, “we are not married yet.”