Vanderstok

Plaintiff wife filed suit for divorce against Vanderstok listing certain community property; Bank of America was joined as a defendant because it held on deposit certain community funds and had been named by Vanderstok as trustee of an inter vivos revocable trust consisting of various stocks and cash, all community property. On July 23, 1969, the parties executed a marital settlement agreement listing all of the property and providing that plaintiff receive, among other properties, cash and stocks, “600 shares of Emory Common” and Vanderstok “the remainder.” An interlocutory judgment was entered July 29, 1969, incorporating by reference the agreement, and ordering the community property be divided as provided therein and the bank to dissolve the trust “pursuant to the terms of the Marital Settlement Agreement.” Because of certain administrative delays, the bank made actual distribution of the stock on November 13, 1969, distributing cash, stock, and “600 shares of Emory Common” to plaintiff, and “the remainder” to Vanderstok. No appeal from final judgment entered February 9, 1970, was taken by any party.

A year and a half later (August 3, 1971) plaintiff filed order to…