John E. Britton, Gifford, Graham, MacDonald & Illig, Erie, for appellant.
Herbert J. Johnson, Erie, for appellees.
Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross and Fine, JJ.
[ 166 Pa. Super. Page 567]
This is an equity action involving ownership of the same savings account which was first before us in Re Smith's Estate, 141 Pa. Super. 571, 15 A.2d 523, in which we held that the Orphans' Court had no jurisdiction to determine the ownership of the account.
Subsequently, Dessie Glessner, as executrix of the estate of Archie Smith, alias Charles Jones, deceased, and as legatee under his will, filed this bill in equity to determine ownership of the savings account. The lower court determined ownership to be in Thomas Shreve, the appellee, by virtue of the right of survivorship in a joint account which had been created by agreement of the
[ 166 Pa. Super. Page 568]
parties, the court holding that the execution of the agreement created a gift inter vivos. The plaintiff, Dessie Glessner, appealed to this Court and we reversed the lower court, remitting the record 'with directions to the court below to consider the acts and declarations of the decedent in determining the ownership of the fund.' The lower court after following our instructions again found ownership to be in Shreve, and the plaintiff took the present appeal.
On August 13, 1937, Charles Jones opened a savings account in the Security-Peoples Trust Company of Erie, depositing $1850. On January 11, 1938, accompanied by Thomas Shreve, he called at the Trust Company and there they executed, on the reverse side of the signature card which had been executed at the time of the original deposit on August 13, 1937, an agreement concerning the savings account which is as follows:
'Joint Account Payable to Either or Survivor'
'We, the undersigned depositors agree that any money placed in this bank account shall be deemed to belong to us as joint tenants and not as tenants in common subject to check by either of us; and in case of the death of either, the Security-Peoples Trust Company is hereby authorized and directed to deal with the survivor as sole and absolute owner thereof.'
The former appeal is reported in 156 Pa. Super. 56, 39 A.2d 165, and because the facts of the case are fully set forth therein, we deem it ...