Estate Of Bray

40 Cal. Rptr. 750 (1964)

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Nature of the Case

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Facts

H and W were married in 1919, and their marriage continued until H's death in 1960. At the time of marriage, neither party had any substantial amount of property. It is undisputed that all property involved in the present controversy is community property. In 1929, H started a food brokerage business. In 1938, H requested his son, Dick (S), by a former marriage, come and work in the business. S accepted the offer of employment, and from 1938 until H's death continued his employment in the business as a salaried employee. In 1944, without the knowledge or consent of W, H opened a joint tenancy savings account with S, and each year thereafter deposited in the account funds withdrawn from his business bank account. No withdrawals were ever made. At date of death, the balance was $74,385.88. S knew of the existence of the account but did not know when deposits were made in the account, or what amount, nor did he at any time before H's death know the balance in the account. The bank book was at all times kept by H. H also purchased U. S. Savings Bonds with community funds registered in the joint names of H and S, without the knowledge or consent of W. The value at date of death was $10,701.94. H retained possession of them until his death. S claimed the bank account and bonds as surviving joint tenant. W claimed the joint tenancies had been created by the use of community funds, without her consent and without valuable consideration, and therefore S should restore to the estate one-half the value of such joint tenancies. S presented various witnesses in support of his contention that he rendered valuable consideration in return for the creation of the joint tenancies. The probate court found for S in that he had rendered valuable consideration for the monies. W appealed.