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District Court of Appeal, Third District, California.

IN RE: the ESTATE of Luigl SCARLATA, also known as Louis Scarlata, Deceased. John Scarlata, Frank Scarlata, Jeanne Dowhower, as general guardian for Louis Scarlata and Marilyn Scarlata, minors, Fibreboard Paper Products Corporation, a corporation, and Schmidt Lithograph Company, a corporation, Appellants, Bank of America National Trust and Savings Association, a national banking association, Executor, Respondent.

Civ. 9892.

Decided: June 12, 1961

Wadsworth & Souza, Tracy, John M. Burnett, Manteca, James M. Conners and Vernon D. Stokes, San Francisco, for appellants. Mazzera, Snyder & DeMartini, Stockton, for respondent.

This is a companion case to that of Estate of Scarlata, 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.

VAN DYKE, Presiding Justice.

SCHOTTKY and PEEK, JJ., concur.