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Estate of Baer

Court of Appeals of California
185 P.2d 412 (1947)


Reginald Baer (defendant) was married to Irene Baer from 1936 until her death in 1945. In 1941, a separate checking account was established in Irene's name only. Over several years, Irene won approximately $5,800 in prize money in newspaper contests, which she deposited in her individual checking account. Those funds were subsequently used to purchase corporate stock certificates that were also in Irene’s sole name. At Irene's death, her parents (plaintiffs) filed objections to the accounting of her estate on the ground that the stock certificates were Irene’s separate property. The trial court received evidence that Reginald handled the purchase and sale of the corporate stock certificates, dividends from the corporate stock were deposited into the Baer's joint checking account or used for joint expenses, and the purpose of having the stock certificates in Irene's name only was so that she would have prompt access to the funds prior to probate in the event that Reginald predeceased Irene. The trial court found that the stock certificates were community property, and Irene's parents appealed.

Rule of Law


Holding and Reasoning (White, J.)

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