Golstein

Plaintiff Fount-Wip, Inc., a California corporation, obtained a default judgment for damages against defendant Edwin Golstein; it levied on Golstein’s interest in the estate of Jack W. Soffer. Edith Golstein, Edwin’s ex-wife, filed a third party claim to the estate interest, as Edwin’s assignee. Plaintiff filed a petition to determine title, and the trial court ruled in favor of the third party claim. Plaintiff appeals the judgment.

The factual background of the dispute between the judgment creditor and the assignee is as follows: Jack W. Softer died on May 18, 1968, and his will was admitted to probate in Los Angeles Superior Court. Edwin Golstein, Soffer’s nephew and a resident of Florida, was named in the will as a residuary legatee.

On June 17, 1968, Edwin executed a written assignment, in Florida, of his interest in the Softer estate to his wife, Edith Golstein. At the time the assignment was made, Edith was preparing to end her 14-year marriage to Edwin by divorce. Edith had married Edwin in 1954; at the onset of .the marriage she had assets of $200,000. By 1968, most of these assets had been depleted because Edwin was not financially successful in a series of…