Shea

Dionysius Diachenko, a retired archbishop , of the Russian Orthodox Church, died intestate leaving funds in excess of $50,000 on deposit in two savings accounts. There being no heirs, the probate of the estate was taken over by the public administrator, Shea.

Plaintiffs Johnathan and Dositheus, two representatives of the Russian Orthodox Church, brought suit against defendant Shea, claiming that the decedent’s estate belonged to the church. The State of California intervened in the action, opposing plaintiffs’ claim and asserting that the decedent’s estate should escheat to the state.

The prime question presented to us is whether or not, under the canon law of the Russian Orthodox Church, the funds belong to the church or to the State of California.

The cause was submitted to the trial court upon stipulation and judgment was rendered in favor of plaintiffs. The defendant public administrator and the intervener State of California appeal.

The decedent, Dionysius Diachenko, was bom in Russia in 1882 and was educated in that country. In 1914 he was ordained a priest in the Russian Orthodox Church, and in 1917 he fled from Russia during the Russian Revolution. He…