Silverman

Silverman v. Union Bank

Good Law
1967 Cal. App. LEXIS 2213·249 Cal. App. 2d 180·57 Cal. Rptr. 379·27 A.L.R. 3d 856
Court of Appeal of CaliforniaMarch 6, 1967Civ. No. 29479California1,997 words

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; . . . .”

Dorothy argued in the trial court and urges here that:

The…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.