Rowe

Action for the recovery of money alleged to have been on deposit with defendant, belonging to plaintiff’s testate at her death. Defendant had judgment, from which and from the order denying motion" for new trial plaintiff appeals. The court found the following facts: That decedent intermarried with John Nicholson, November 22, 1877, and they lived together as man and wife, until her death, May 20, 1894; decedent’s name at the marriage was Hannah Lane (she being then the widow of one Michael Lane), and at that time, —to wit, November 22, 1877—she had on deposit with defendant the sum of $796.70, which remained on deposit subsequent to her marriage, and together with'accrued interest amounted on April 30,1884, to $1,100.05, which last-named sum was her separate property; that she continued to make deposits after said marriage, in the name of Hannah Lane, which were, at her request, entered in her pass-book used prior to her marriage with Nicholson; and the court found that such deposits after marriage “ were the community property and earnings of the said decedent and her said husband”; that on April 30, 1884, aforesaid, decedent “withdrew from the sums deposited by her with…