Klindera

Action to recover money by one claiming to be the donee thereof. Plaintiff and intervener, Barbara Mikuska, are respectively the surviving brother and sister of Mike Klindera, deceased, of whose estate Georgina Smith, a daughter of plaintiff, is administratrix with will annexed. Mike Klindera in July, 1934, was a patient in a hospital in Oakland, where he underwent an operation on July 12th, following which he died on the night of July 14th. He had on deposit at the Citizens National Trust & Savings Bank in Los Angeles the sum of $10,150. On July 11th, plaintiff, at the request of Mike Klindera, telephoned to a notary public, who came to the hospital, drew a will for Mike, brought it to him the following morning for signature and apparently it was then executed. After the notary left, Mike said: “Frank, there is a bag over there; hand that to me”, which Frank did. According to the latter's testimony, the following occurred: “After I handed the bag over to him, he says, ‘Open it.’ I did so, and he took out several—well, some stock—Durant stock, something of that sort; three or four. He says, ‘These are worthless.’ He says, ‘Hand me that savings deposit bank book, ’ which I done. He…