Appeal, No. 104, March T., 1950, from decree of Orphans' Court of Washington County, Nov. T., 1948, No. 18, in Estate of Joseph Davis, Deceased. Decree vacated.
Louis Vaira, with him Paul N. Barna, for appellant.
Ralph B. Umsted, Deputy Attorney General, with him George O. Frazier, Charles J. Margiotti, Attorney General, D. M. Anderson, Jr. and Anderson & Anderson, for appellee.
Before Drew, C.j., Stern, Stearne, Jones and Ladner, JJ.
OPINION BY MR. CHIEF JUSTICE DREW
Joseph Davis died, intestate and without known heirs, on February 17, 1948, in Donora, Washington County. An administrator was appointed and when the estate was called for audit William Davis, appellant, appeared and claimed the estate as decedent's half brother and sole heir. After hearing much testimony, the learned court below dismissed his claim and awarded the estate to the Commonwealth under Intestate Act of April 24, 1947, P.L. 80.
Little would be gained by an attempt to review in detail the testimony of appellant and his witnesses.
The lower court found that the evidence offered by appellant was so meagre in detail and so conflicting that the court in good conscience could not sustain the claim of appellant. After carefully studying the record we have reached the same conclusion. Appellant, who lives in Danville, Virginia, testified that decedent left home around 1912 to come to Pennsylvania and that thereafter he was in contact with appellant only twice, once by letter and once when decedent visited appellant in Virginia. he could give no accurate history of family births, deaths or related matters. Several of his witnesses testified that they had carried messages between appellant and decedent and one witness stated that he had seen them together on several occasions. All of these statements were denied by appellant. In addition to those conflicts in appellant's own case, the Commonwealth called seven witnesses, several of whom were substantial citizens of Donora, who testified that decedent claimed to have been born and raised in North Carolina.
To support his case appellant offered in evidence three documents. Two of these were marriage licenses of appellant's father, the first showing his marriage in 1867 to Martha, whom appellant claims was decedent's mother, and the second in 1876 to Harriet, appellant's mother. The third document was an employment record of decedent which showed that he was born in Danville, Virginia in 1879. If we accept the accuracy of those documents, it is apparent that decedent could not be appellant's half brother since decedent's purported mother had died or been divorced at least three years prior to his birth. On the other hand, if the records are inaccurate they are of no evidentiary value in this case and we are then forced to rely solely on the oral testimony. In either event we are faced with numerous discrepancies and shortcomings in the evidence and when they are considered it
becomes apparent that appellant's claim was properly dismissed. The burden is always upon a claimant to prove kinship to a decedent by a fair preponderance of the credible evidence and in the absence of any legal error the findings of the Orphans' Court in that regard are binding on this Court: Link's Estate (No. 1), 319 Pa. 513, 180 A. 1. Certainly ...