In re Estate of Donahue

On September 26, 1891, Cornelius J. Donahue died intestate at the city and county of San Francisco, leaving him surviving as heirs Annie Donahue, his widow; Maggie Donahue, aged thirteen years, his daughter by a former wife; and Agnes Donahue, aged two years, the child of the deceased and his said widow.

On December 1, 1891, letters of administration were duly issued to said Annie Donahue, and on February 16, 1893, the administratrix filed the inventory and appraisement of said estate.

At the time of his death said intestate had some $4,000 on deposit with the Hibernia Savings and Loan Society, and $900 with the German Savings and Loan Society, two savings banks of San Francisco. Each of said deposits was in an *302 account entitled “Cornelius J. Donahue or Annie Donahue,” and represented the earnings and savings of the deceased and his surviving wife subsequent to their marriage. The bankbooks representing these deposits were in the wife’s possession at the time the intestate died, but no written transfer of his interest therein was shown to have been by him made.

The question before the court is whether the deposits mentioned are a portion of the estate and subject to…