In re Estate of McTiernan

To the petition filed by the administrator in this estate the respondent, Edward McTiernan, decedent’s husband, has raised preliminary objections in the nature of demurrer and has also filed an answer wherein he alleged that the moneys and properties referred to in the petition are his separate individual property, having been acquired by way of gift, and he denies that any sum of money was invested by him on decedent’s account or that he holds or ever held any property belonging to this estate which has come into his possession in trust for said estate or said administrator.

It is respondent’s claim, under these circumstances, that this court, a court of probate, has no longer any jurisdiction in the matter, but must dismiss the citation issued herein.

*473 The petition does not state facts which bring it within the provision of the code: Code Civ. Proc., secs. 1459-1461.

The allegation is (upon information and belief it will be noticed), that at the time of her marriage to respondent, decedent had $2,000 which she intrusted to her husband to invest for her use and benefit; that the same was invested by said Edward McTiernan on her account, but that he has never accounted for…