Silverman
Silverman v. Union Bank
Opinion
Lead Opinion
Roth, J.
Dorothy K. Silverman, widow of Fred R. Silverman, as permitted by Probate Code, section 680, filed for a family allowance and pursuant thereto, an order was made directing Union Bank, executor of the estate of Fred, to pay her a family allowance of $1,000 per month, 1 commenc *182 ing as of August 18, 1963, and continuing to distribution, but in no event longer than 19 months.
On May 15, June 18 and July 17, all in 1964, separate attachments, ancillary to an action against Dorothy, filed in the Municipal Court of Beverly Hills, were levied, pursuant to Code of Civil Procedure, section 541, 2 upon Union bank, Union Bank, and Union Bank Trust Department, as a consequence of which Bank, as executor, withheld payment. On August 6, 1964, Dorothy filed a petition, citing the Bank for nonpayment of the family allowance and prayed that the executor be ordered forthwith to pay “all the family allowance due and payable to her under the said order to and including the hearing of this petition and . . . executor... show cause why it has not been paid . . . and why it should not be ordered to forthwith pay ... in full; . . . .”