Jacob

In our opinion in Spencer v. Hibernia Bank (1960), ante, p. 702 [ 9 Cal.Rptr. 867 ] filed this day we have discussed the determinative considerations which resolve these cases. We describe here the various factual differences and procedural postures of the instant eases, but these do not affect the result.

This opinion encompasses the appeals in four cases, Jacob v. Hibernia Bank, Little Sisters v. Hibernia Bank, Lyle v. Hibernia Bank , and Wood v. Hibernia Bank . These cases are companions to the Burke and Theobald cases which we have likewise decided this day. (Burke v. Hibernia Bank (1960), ante, p. 739 [ 9 Cal.Rptr. 890 ].) We have followed appellants’ briefing of the first four cases in one group although respondents have consolidated all six cases in one brief.

These four declaratory relief actions arise from the same general background as the Burke and Theobald cases, and like those actions, seek to establish claims to ownership in The Hibernia Bank based primarily on alleged membership derived from ancestors who were assertedly members. Respondents are the same parties in all six cases; appellants vary from ease to case.

We have set forth the basic history of Hibernia…