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ALCORN v. ALCORN (03/20/50)

March 20, 1950

ALCORN
v.
ALCORN, APPELLANT, ET AL.



Appeal, No. 189, Jan. T., 1949, from decree of Court of Common Pleas No. 7 of Philadelphia County, March T., 1948, No. 2831, in case of Robert Alcorn v. Elly Alcorn, also known as Elly K. Alcorn et al. Decree affirmed.

COUNSEL

Rames J. Bucci, with him Bucci & Bucci, for appellant.

Thomas Boylan, with him Harry Donnelly, for appellee.

Before Maxey, C.j., Drew, Linn, Stern, Stearne and Jones, JJ.

Author: Drew

[ 364 Pa. Page 376]

OPINION BY Mr. Justice DREW

Although Robert Alcorn and his wife, Elly, lived harmoniously together for years and shared their assets, great bitterness and discord eventually developed and resulted in a divorce in April 1948. Alcorn immediately filed a bill in equity seeking an accounting of certain assets which he alleged his wife had wrongfully taken. Mrs. Alcorn countered by filing a similar bill. Those two bills were consolidated and an auditor appointed. Exceptions to the auditor's report were dismissed and the final decree, from which Mrs. Alcorn appeals, was entered ordering distribution in accordance with that report.

The Alcorns were married in 1934 and lived with her foster father until his death in 1938. He left all of his property, consisting of a licensed tavern at 1301 West Moyamensing Avenue, Philadelphia, and certain investments, to her. She conveyed the tavern and business to her husband and herself as tenants by entireties and opened a joint bank account in the name of "Robert

[ 364 Pa. Page 377]

Alcorn or Elly K. Alcorn". From time to time additional funds were deposited in or withdrawn from that account by both parties. A safe deposit box was also obtained in joint names and government bonds, likewise in joint names, were placed in that box as they were acquired. In addition, $2,000 which was drawn from the joint account was placed in that box by Alcorn. On May 11, 1946, Mrs. Alcorn withdrew $5000 from the account and used that money and $1950 of the money in the safe deposit box to open a new account in her own name. On May 15, 1946, she cashed the government bonds, then valued at $8929, and deposited those proceeds in her new account.

The Alcorns continued to live in the same house until after the divorce was obtained on April 9, 1948, although obviously grounds for divorce existed at a much earlier date.Mrs. Alcorn, on July 5, 1948, removed all of the furniture from that house with the exception of a few pieces which had little or no value. She also removed an automobile, title to which was in his name.

The auditor established January 1, 1947, as the date from which the accounting should begin and concluded that the bank account, bonds, profits from the tavern and the furniture were property held by the entireties and included them in the accounting but eliminated the automobile as being the sole property of Alcorn. In the absence of evidence of the value of the furniture the auditor fixed it at $500. He further concluded that each was entitled to one-half of the entireties property less adjustments for such property as each had converted to his or her own use. The conclusions of the auditor were adopted by the learned court below.

Several of Mrs. Alcorn's complaints result from her own failure to establish sufficient facts to support her position. Specifically, she contends that the date of ...


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