Glessner v. Security-Peoples Trust Co.
| Decision Date | 28 September 1944 |
| Citation | 156 Pa.Super. 56,39 A.2d 165 |
| Parties | Glessner, Excrx., Appellant, v. Security-Peoples Trust Company et al |
| Court | Pennsylvania Superior Court |
Argued April 11, 1944.
Appeal, No. 65, April T., 1944, from decree of C. P., Erie Co., Feb. T., 1941, No. 1, in case of Dessie Glessner Executrix, v. Security-Peoples Trust Company et al.
Bill in equity. Before Evans, J.
Decree entered in favor of defendants. Plaintiff appealed.
A Grant Walker, with him Gunnison, Fish, Gifford and Chapin, for appellant.
Burton R. Laub, with him Henry G. MacDonald, for appellee.
OPINION
This appeal involves the same savings account in the Security-Peoples Trust Company of Erie, Pa., which was before us in Smith's Estate, 141 Pa.Super. 571, 15 A.2d 523. We there held that the Orphans' Court had no jurisdiction to determine the ownership of the account.
On December 5, 1940, Dessie Glessner, as executrix of the Estate of Archie Smith, alias Charles Jones, deceased, filed a bill in equity to determine the ownership of the fund against the bank and Thomas Shreve, who claimed the fund by virtue of the right of survivorship in a joint account. Both defendants filed answers, hearings were held and a final decree was entered by the court below holding that the transaction between Charles Jones and Thomas Shreve was a gift inter vivos with such delivery as to divest the donor of all dominion over the property and to invest the donee with complete control thereof and directed the balance in the account to be paid to Thomas Shreve. This appeal followed.
Archie Smith, alias Charles Jones, had been a railroader in the vicinity of Erie for many years and had retired on a pension. On August 13, 1937, as Charles Jones, he opened a savings account in the Security-Peoples Trust Company of Erie, depositing $ 1,850. He was then living with Thomas Shreve, his cousin, in the city of Erie, and owing to ill health, continued to live there until December, 1938, when he left on a trip. On January 11, 1938, decedent, accompanied by Thomas Shreve, called at the Trust Company. They executed together, on the reverse side of the signature card which had been executed at the time of the original deposit, an agreement concerning the savings account, under seal and witnessed by W. G. Hewitt of the Trust Company. The agreement was as follows:
On the day the agreement was signed the deposit book was placed in a desk drawer at the home of Shreve where, excepting when used for deposits and withdrawals, it remained until the latter part of February or early part of March, 1939, when it was turned over to Jones at the Ford Hotel.
In December of 1938 decedent left on a trip to Florida and then to California. While in Los Angeles, California, on January 11, 1939, decedent wrote to the bank as follows:
In compliance with this letter the bank sent a check to decedent in California.
On February 13th, still at Los Angeles, California, he wrote to Dessie Glessner, another cousin living in the city of Erie, enclosing a will in which he made Dessie Glessner his sole legatee and the executrix of the will. In the letter accompaning the will appears the following: "Dear Cousin Dess Dess I am sending you a will which I want you to have if anything happens to me I gave Shreves an insurance policy 2000 which I have kept up for 39 years I have about 17 hundred Dollars in the bank in Erie Peoples Trust Company . . ." In 1937 decedent had made Shreve beneficiary of an insurance policy for $ 2,000 in the Brotherhood. The premiums were paid by Shreve from the date of the designation to the date of Jones' death.
Decedent returned from California to Erie on February 23, 1939 and lived at the Ford Hotel for about nine weeks. He then went to live with the Glessners, where he remained for a period of five weeks and on June 1, 1939 was sent to St. Vincent's Hospital, where he died on June 12, 1939. On his return from California decedent was in bad health and required attention until his death.
On several occasions, while Jones was at Glessners, he gave the deposit book to Shreve, who made withdrawals on May 22nd and May 29th, 1939 of $ 25 each, returning the book to Jones after the first withdrawal but thereafter keeping the book in his possession until Jones' death.
The joint agreement is on the reverse side of the card used by the bank in the original deposit of August 13, 1937. On the face of the card appear the signatures of Charles Jones and Thomas Shreve, the latter's signature undoubtedly placed on the face of the card when the joint agreement was signed. W. G. Hewitt, who accepted the original deposit and was present at the execution of the joint agreement, testified as follows: "All I can recall is that they both came in and wanted it to be made in a joint account, that is both Mr. Shreve and Mr. Jones would appear on that book and as I would take it for access to that account"; and further testified:
From the date of the first deposit on August 13, 1937 to May 1, 1939, when decedent was at Glessners, no deposits were made by Shreve but $ 823.19 was deposited by the decedent. During this period $ 935 was withdrawn, all of which, excepting a withdrawal of $ 25 by Thomas Shreve on June 23, 1938, was withdrawn on orders signed by Jones. On May 1st and 2nd, 1939, $ 27.85 was deposited. From May 22, 1939 to June 12, 1939, date of decedent's death, on withdrawal orders of Shreve, $ 245.18 was withdrawn for the payment of hospital and nursing expenses, including $ 50 to Shreve for expenses incurred and $ 80.18 for Dessie Glessner for nursing and board. After Jones' death $ 386.74 was withdrawn by Shreve in payment of debts of decedent, leaving a balance of $ 1,144.12. The only other asset of the estate was a boat house valued at $ 250.
Considerable testimony was offered by both parties of acts and declarations...
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