Ex parte Casey

Foote, C.

Mrs. Ellen Casey, the petitioner, is in possession of a sum of money which the executor of a certain Mrs. Zephyr claimed as belonging to the estate of his decedent. After an examination under the statute (Code Civ. Proe., secs. 1459-1461), Mrs. Casey was cited to show cause why she should not be punished for a contempt of the Probate Court, in not obeying its order commanding her to deposit the money in a bank, subject to that tribunal’s order.

She appeared, claimed that the money had been given to her by Mrs. Zephyr before the latter’s death, and introduced evidence tending to…