California Courts of Appeal, 1961

Scarlata v. Bank of America National Trust & Savings Ass'n

Scarlata v. Bank of America National Trust & Savings Ass'n
California Courts of Appeal · Decided June 12, 1961 · Dyke
193 Cal. App. 2d 854; 14 Cal. Rptr. 188; 1961 Cal. App. LEXIS 1781

Scarlata v. Bank of America National Trust & Savings Ass'n

Opinion of the Court

VAN DYKE, P. J.

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.

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