In the Matter of John Leonard Jackson, Jr., Bankrupt No. 5-70-229. William B. Grover, Trustee in Bankruptcy v. John Leonard Jackson, Jr.

This is an appeal from an order of the district court which granted a claim of exemption made by the bankrupt under the California Code of Civil Procedure § 690.7.

The settled statement of facts on this appeal (C.T. 52 — 55) tells us that the bankrupt took $1,000 from receipts of his business as a logging contractor and shortly before bankruptcy deposited this sum in an account in the Humboldt Federal Savings & Loan Association in the name of his wife and himself as joint tenants. He and his wife had been married for many years and the money was the community property of the bankrupt and his wife. The bankrupt offered to prove at a hearing before the Referee that although the savings account was taken in the name of husband and wife as joint tenants they intended that the property should remain as community property. The deposit in joint tenancy was “as a matter of convenience only.” The Referee denied the claim of exemption under the California Code of Civil Procedure § 690.7 and a petition for review was taken to the district court. The district court granted the petition for review and vacated the order of the Referee. This appeal is from the district court’s order. We…