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Scarlata v. Bank of America

Court of Appeal of California, Third District
Jun 12, 1961
193 Cal.App.2d 854 (Cal. Ct. App. 1961)

Opinion

Docket No. 9892.

June 12, 1961.

APPEAL from orders of the Superior Court of San Joaquin County settling third account and report of executor and directing payment of general claims. R.M. Dunne, Judge. Orders reversed insofar as they purported to determine title and marshal assets of two estates.

Wadsworth Souza, John M. Burnett, James M. Conners and Vernon D. Stokes for Appellants.

Mazzera, Snyder DeMartini for Respondent.


MEMORANDUM CASE


This is a companion case to that of Estate of Rosa Scarlata, in which an opinion by this court was this day filed. ( Ante, p. 35 [ 14 Cal.Rptr. 184].)

For the reasons therein stated the orders of the probate court, adjudging that the property inventoried in the estate of Rosa was the community property of Luigi and Rosa and ordering that the assets of both estates be marshalled and used by the common executor to pay claims in both estates, are reversed.

Peek, J., and Schottky, J., concurred.


Summaries of

Scarlata v. Bank of America

Court of Appeal of California, Third District
Jun 12, 1961
193 Cal.App.2d 854 (Cal. Ct. App. 1961)
Case details for

Scarlata v. Bank of America

Case Details

Full title:Estate of LUIGI SCARLATA, Deceased. JOHN SCARLATA et al., Appellants, v…

Court:Court of Appeal of California, Third District

Date published: Jun 12, 1961

Citations

193 Cal.App.2d 854 (Cal. Ct. App. 1961)
14 Cal. Rptr. 188