Dean

On the twenty-seventh day of January, 1925, Peter W. Dean died intestate in the city of Oakland, leaving an estate of the value of about $8,000. This estate consisted of certain jewelry and also of the sum of $7,720.66 on deposit with The American Bank in the city of Oakland. This deposit, at the time of the death of said Peter W. Dean, was standing in the name of appellant Nell McNerney. After the death of said Peter W. Dean, P. M. Dean was appointed the administrator of his estate, and after such appointment the appellant, who then had possession of the jewelry referred to, delivered possession of the same to the plaintiff, but refused to deliver to the plaintiff or to turn over to the plaintiff the pass-books in which was entered the sum of money referred to as on deposit with The American Bank. The plaintiff had judgment for the sum above mentioned, and the defendant Nell McNerney appeals.

The appellant interposed two defenses to the plaintiff’s action; first, that the money on deposit with The American Bank was what was left of the sum of $8,000 theretofore given to the appellant by the deceased, Peter W. Dean; and, second, that the transaction by which the money came *208…

The first ruling of the court and the findings of fact as set forth in the transcript are determinative upon this appeal. What the trial judge may have *213 said in a somewhat extended colloquy with counsel, is not controlling.

Rehearing denied.

A petition by appellant to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court ou June 21, 1928.

All the Justices concurred.

On the twenty-seventh day of January, 1925, Peter W. Dean died intestate in the city of Oakland, leaving an estate of the value of about $8,000. This estate consisted of certain jewelry and also of the sum of $7,720.66 on deposit with The American Bank in the city of Oakland. This deposit, at the time of the death of said Peter W. Dean, was standing in the name of appellant Nell McNerney. After the death of said Peter W. Dean, P.M. Dean was appointed the administrator of his estate, and after such appointment the appellant, who then had possession of the jewelry referred to, delivered possession of the same to the plaintiff, but refused to deliver to the plaintiff or to turn over to the plaintiff the pass-books in which was entered the sum of money referred to as on deposit with The American Bank. The plaintiff had judgment for the sum above mentioned, and the defendant Nell McNerney appeals. The appellant interposed two defenses to the plaintiff's action; first, that the money on deposit with The American Bank was what was left of the sum of $8,000 theretofore given to the appellant by the deceased, Peter W. Dean; and, second, that the transaction by which the money came *Page…