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(Download) "Garthofner v. Ina Edmonds" by Third Appellate District District Court Of Appeal Of California # eBook PDF Kindle ePub Free

Garthofner v. Ina Edmonds

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eBook details

  • Title: Garthofner v. Ina Edmonds
  • Author : Third Appellate District District Court Of Appeal Of California
  • Release Date : January 15, 1946
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

The appellants are the three sons of Maria Satariano Galletto. Their father predeceased their mother. The respondent is the second husband and surviving spouse of Maria, and is the administrator of her estate. As such administrator he commenced regular administration of his wifes estate filing an inventory in which the total estate was appraised at $3,825.75. Included within this inventory was the entire interest in a certain parcel of real property valued at $3,500. The respondent, however, while listing this property as belonging to the estate in its entirety, contended that a one-half interest was held by him and his deceased wife as joint tenants, and that as surviving joint tenant this interest belonged to him. After the death of his wife, he commenced a proceeding to terminate this joint tenancy interest. This proceeding was contested by appellants and resulted in an order in his favor terminating the joint tenancy. Thereafter, the respondent filed an amended inventory in his wifes estate showing that with this interest deducted the total estate was valued at $2,075.75, and he thereupon petitioned that the entire estate, being less than $2,500, be set aside to him as surviving spouse. The trial court set aside the estate to respondent. Appellants appeal from the order terminating the joint tenancy and from the order assigning the estate to respondent. Their main contention is that the joint tenancy deed was void in that the wife admittedly owned an undivided one-half interest in the property as her separate property, and it is urged that it is legally impossible for one joint tenant to own an undivided interest in real property as her separate property and the balance with another as a joint tenant. It is also contended that even if the joint tenancy deed is valid, and the estate is less than $2,500 in value, respondents application to have it set aside to him came too late in the proceedings, either because he is estopped, or because he has elected his remedy. All of these contentions lack merit.


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