Bryson

Pasadena Trust & Savings Bank v. Bryson

Good Law
1920 Cal. App. LEXIS 723·46 Cal. App. 730·189 P. 816
Court of Appeal of CaliforniaMarch 30, 1920Civ. No. 3148.California1,385 words

Opinion

Lead Opinion

James, J.

The appeal in this case is taken from a judgment entered in favor of the defendant.

Frank E. Clark and Margaret T. Clark were husband and wife. The husband died in June, 1911, and the wife three years later. Upon the death of the wife certain securities were found in a safe-deposit box containing effects of the latter. The securities were contained in envelopes which bore indorsements thereon signed by the husband, who, as has been noted, had died three years previous. No administration had been had of the husband’s estate prior to the 29th of September, 1915, when petition for letters of administration was filed, and thereafter the plaintiff here was appointed administrator. Besides his wife, Frank E. Clark left only one heir, to wit, a sister. There are no surviving heirs of Margaret T. Clark. In this action it was declared in the complaint that the bonds found to have been in the possession of Margaret T. Clark at her death were property of the estate of Frank E. Clark, and judgment was sought determining them so to be. These bonds were in four envelopes. The envelopes bore indorsements over the admitted signature of Frank E. Clark and the indorsements concluded in the…

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