Lynam v. Vorwerk

110 P. 355 (1910)

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Nature of the Case

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Facts

On September 29, 1899, Gottlieb (H) and Karolina (W) who were married, had money on deposit with the German Savings and Loan Society in their joint names. They signed a document which allowed either one of them access to the account and to withdraw the monies without the approval of the other party. The writing contained the correct signatures of both H and W. There was no evidence as to the source from which the money came, or as to its being the common, joint or separate property of either H or W. H died in April 1903. W withdrew the deposit. She was the administratrix of H's estate, but never accounted for the moneys. In January, 1907, H died, and this action was brought against D, the executor of her last will and testament. P sued on section 164, which declares that all property acquired after marriage by either husband or wife, except that acquired by gift, bequest, devise or descent (Civil Code, section 163), is community property. P got the judgment and D appealed.