Lissner v. Baldwin (21 Cal. 2d 586, 1943)

CUBTIS, J.

— Presented here for review are certain pro-

ceedings in probate marking the effort of a receiver, appointed in a divorce action to take possession of the community property of the spouses and of the separate property of the defendant husband, to secure from the probate court a ratable distribution of a legacy left to the husband.

Anita M. Baldwin died testate on October 25, 1939. Her will provided, among other things, that pending administration her two children, Baldwin M. Baldwin and Dextra Baldwin Jones, who are the executor and the executrix, respectively, should each receive the sum of $1,500 per month. On October 27, 1939, Bowena Schneider Baldwin instituted in the Superior Court of the County of Los Angeles an action for divorce against Baldwin M. Baldwin. As part of her complaint the plaintiff alleged the substantial value