United States v. Security-First National Bank
Opinion
lead Opinion
Tolin, J.
This is an action by the United States to recover from the defendant bank a certain sum deposited in the bank by one Theodore Morris, now deceased. The Government claims that on the death of Morris, it became the owner of this deposit by virtue of a contract between the deceased and the Veterans Administration, but that the defendant has refused to pay such amount to the United States.
The defendant answered, admitting the deposit to the credit of Morris, but denying all other allegations of the Complaint on the grounds that it has no information as to the truth of the facts alleged. The answer further alleges that the State of California has also demanded payment of this deposit by virtue of California Probate Code § 231, which provides for the escheat of unclaimed property. The defendant also filed a cross-claim in interpleader and the State of California was made a party defendant. No answer was filed by the State to either the Complaint or the cross-claim. The State has, however, submitted a brief as amicus curiae. The matter was duly tried and taken under submission by the Court. Thereafter an administrator of Morris’ estate qualified under California law but he has not…