Arakelian
Bank of America National Trust & Savings Ass'n v. Arakelian
Opinion
Lead Opinion
Dyke, J.
This is an appeal from a judgment declaring conditions and restrictions applicable to a charitable trust. During the year 1950, K. Arakelian and Renee, his wife, donated the sum of $64,000 to California Home for the Aged, Inc., a corporation. The money was deposited in the Bank of America National Trust and Savings Association, plaintiff herein, and thereafter questions arose as to the proper use of the funds and as to who had control thereof. In view of the dispute the bank interpleaded the contestants, California Home for the Aged, Inc., one Oliver Lyons, and Renee K. Arakelian. The cause was tried and from the judgment rendered an appeal was taken to this court. (See Bank of America v. Arakelian, 149 Cal.App.2d 11 [ 307 P.2d 746 ].) The judgment was reversed for procedural error in the ex- *733 elusion of evidence. Upon the retrial the court made the following findings upon disputed issues: The first sum donated amounting to $20,000 was given by means of a check from K. Arakelian drawn on his personal account. A second sum for $44,000, though likewise given through the medium of a cheek drawn by 3L Arakelian on his personal bank account, was nevertheless derived from income…