In Re Kessler

This is an appeal from a decree terminating a joint tenancy. H. J. Horstman and Laura V. Horstman were husband and wife. All real and personal property acquired by them prior to May 19, 1929, was through their earnings after marriage, and hence, in its origin, community property. With certain minor exceptions, however, the ownership in such property was evidenced by deeds, bank accounts, and assignments of promissory notes and certificates of stock to the parties “as joint tenants”, or “as joint tenants, with full rights of survivorship”. H. J. Horstman died intestate May 19, 1929, leaving no father, mother or lineal descendants. Shortly afterwards, on June 24, 1929, Laura Y. Horstman died intestate, leaving no father, mother or lineal descendants. Petitioner is administratrix of the estate of Mrs. Horstman. She applied for and received a decree terminating the joint tenancy interest of the deceased husband, on the theory that the property vested in the wife by right of survivorship upon his death, and that upon her death, her heirs (a sister and a brother) were entitled thereto. The appellants are the next of kin of the deceased husband (two sisters, a nephew and a niece). They…