Lynam v. Vorwerk
Court of Appeal of California
110 P. 355 (1910)
Gottlieb and Karolina, a married couple, jointly opened a savings account allowing either spouse to withdraw without the other's approval; after Gottlieb died, Karolina withdrew all the funds without treating any portion as part of his estate, and after Karolina later died too, Gottlieb's estate administratrix (plaintiff) sued Karolina's estate executor (defendant) for half the account under a community-property theory, while the executor argued the account was a survivorship joint tenancy belonging entirely to Karolina. The trial court ruled for the administratrix, and the executor appealed.
Whether money possessed by a husband and wife after their marriage is subject to a presumption that it was acquired during their marriage and is community property.