Fenstermaker's Estate, In re

• Decision Date: 24 March 1964
• Citation: 198 A.2d 857,413 Pa. 645
• Parties: In re ESTATE of John E. FENSTERMAKER. Appeal of Charles F. FENSTERMAKER and Mark J. Serfass, Executors of the Estate of John E. Fenstermaker.
• Court: Pennsylvania Supreme Court

Page 857

198 A.2d 857

413 Pa. 645

In re ESTATE of John E. FENSTERMAKER.

Appeal of Charles F. FENSTERMAKER and Mark J. Serfass,

Executors of the Estate of John E. Fenstermaker.

Supreme Court of Pennsylvania.

March 24, 1964.

Murray Mackson, Palmerton, for appellant.

William B. Quinn, Lehighton, for appellee.

Before BELL, C. J., and MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

JONES, Justice.

On December 21, 1961, John E. Fenstermaker, [decedent], transferred $19,327.61 from his individual account to a joint savings account in the Tri-County State Bank, Bowmanstown, Pa., [Bank]. The newly opened savings account was captioned 'John E. Fenstermaker or Mrs. Florence Reichard', the latter being decedent's daughter. Decedent obtained a signature card from the Bank, took it to Mrs. Reichard's home and returned the signature card to the Bank, admittedly signed by decedent and Mrs. Reichard.

This signature card read as follows:

'Authorized Signatures of Account No. 6534

John E. Fenstermaker or Mrs. Florence Reichard (Subject to

withdrawal by either)

TRI-COUNTY STATE BANK BOWMANSTOWN, PA.

Date 12-22-61

First Deposit $19,327.61

It is agreed and understood that any and all sums that may from time to time stand on this account, to the credit of the undersigned depositors, shall be taken and deemed to belong to them as joint tenants and not as tenants in common; that the funds may be withdrawn by either depositor, only upon presentation of the pass book; and in case of death of either, the Bowmanstown Bank is hereby authorized and directed to deal with the survivor or survivors as sole and absolute owner or owners thereof.

Witness our hands and seals, this 22nd day of December 1961.

Attest:

John E. Fenstermaker (Seal)

Florence Reichard (Seal)

Residence 313 So. 7th, Lehighton, Pa.'

Decedent died, testate, on March 7, 1963. At the time of decedent's death, there was $20,210.42 in the savings account and there had been neither deposits in, nor withdrawals from, this account since its creation.

Under the terms of decedent's will--executed April 17, 1956--decedent's estate was to be distributed, share and share alike, to his three surviving children (including Mrs. Reichard) and a daughter of a deceased child. On June 6, 1963, decedent's personal representatives obtained from the Orphans' Court of Carbon County a rule upon Mrs. Reichard to show cause why the proceeds of the savings account should not be included as an estate asset and delivered by Mrs. Reichard to the personal representatives. After hearing, the court below dismissed the rule as to this savings account. From that order this appeal was taken.

Certain well settled principles in this area of the law must be kept in mind: (1) in the absence of fraud, accident or mistake, '[w]hen a depositor creates a joint savings * * * account with right of survivorship, and a signature card so stating is executed by both parties, these facts are prima facie evidence of a gift inter vivos by the depositor to the other, and of the creation of a joint tenancy with right of survivorship. [citing cases].': Furjanick Estate, 375 Pa. 484, 100 A.2d 85; (2) in the absence of alleged or proven fraud, accident or mistake, if the wording of the savings account and the signature card executed in connection therewith reveals the intent of the depositor clearly and without ambiguity, parol evidence to show a contrary intent is inadmissible; if from the wording of the writings the intent of the depositor appears indefinite or uncertain or ambiguous, then parol evidence is admissible: Furjanick Estate, supra, 375, Pa. 493, 100 A.2d 85; Amour Estate, ...