Estate of Spinosa

Appellants filed a petition in the Superior Court of Sacramento County, under sections 1272 and 1272a of the Code of Civil Procedure, to obtain money on deposit with the State Treasurer. Respondent, state of California, opposed said petition and after trial judgment was rendered against petitioners and this appeal is from said judgment.

The facts, as shown by the settled statement on appeal, are substantially as follows:

Vito Madio Spinosa died intestate in Oakland, California, on January 17,1941. His heirs, the petitioners and appellants, are nonresident aliens, residing in Italy. Letters of…