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Lynam v. Vorwerk | 110 P. 355 (1910)
Spouses can amass quite a bit of property before and during a marriage. But what if ownership of something needs to be determined, and all we know is that the couple had it after they got married? The nineteen ten California case of Lynam versus Vorwerk examines this very question.
Karolina and Gottlieb Damkroeger were married for some years before they opened up a joint account at the San Francisco German Savings and Loan Society in September of eighteen ninety-nine. At the time, they deposited a little over sixteen hundred dollars in the account, from which either Karolina or Gottlieb could make withdrawals.
In April of nineteen oh three, Gottlieb died, and sometime thereafter, Karolina withdrew the money from the account. As administrator of Gottlieb’s estate, Karolina never accounted for any part of this money in his assets.
In nineteen oh seven, Karolina also died. Ms. Lynam became the new administrator of Gottlieb’s estate, and Mr. Vorwerk became the executor of Karolina’s last will and testament.
Lynam sued Vorwerk in trial court, claiming the account funds that Karolina withdrew were community-marital property. The trial court agreed with Lynam and awarded her half the account funds. Vorwerk appealed to the state appellate court.
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