Reay

Christiana G. Beay died in 1925, intestate, leaving three sons—Joseph W., Jr., Wallace, and Charles. At the time of her death there was on deposit in the Mercantile Trust Company of California, in the name of Joseph W. Beay, Jr., approximately $16,000. A claim to this deposit having been made to the bank by one of the heirs, that the same was property belonging to the estate of Christiana G. Beay, the bank brought a suit, making Joseph W. Beay, Jr., Wallace Beay, and Charles Beay defendants, and requiring them to interplead. An interlocutory decree was granted and the three defendants just named filed cross-complaints and answers. Charles subsequently disclaimed all right to the said sum; Wallace Beay having died during the pendency of the action, his administratrix appeared through Dacia Beay, and it was stipulated at the trial that Dacia Beay might be considered as representing the estate of Christiana G. Beay, inasmuch as the defendant Joseph W. Beay, Jr., was the administrator thereof and made claim to the money in controversy in his individual right. It was admitted that the $16,000 in controversy was what remained of a sum of $25,000 originally deposited in the savings…