Appeal, No. 119, March T., 1950, from decree of Orphans' Court of Westmoreland County, Nov. T., 1948, No. 132, in case of Ioanna Vassilakis, alias Joanna Vassilakis by her Attorney in Fact, The Bank of Athens Trust Company of New York v. Diamantis Vassilakis, Exr., Estate of Nicolas Vassilakis, Diamantis Vassilakis, individually, and Stephen Vassilakis. Decree, as modified, affirmed.
George W. Lamproplos, with him Myron W. Lamproplos and Cassidy & Lamproplos, for appellant.
Robert Engel, with him David H. Weiss and Weiss & Frick, for appellees.
Before Drew, C.j., Stern, Stearne, Jones, Bell, Chidsey and Musmanno, JJ.
OPINION BY MR. JUSTICE ALLEN M. STEARNE
This is an appeal from a decree of the Orphans' Court of Westmoreland County sustaining preliminary
objections and dismissing petition for an order to pay a legacy which had not been awarded by an adjudication.
This proceeding was by a petition of Ioanna Vassilakis, of Greece (sister of testator), for a citation directed against Diamantis Vassilakis (brother of petitioner and testator, and executor under the will of the decedent) and Stephen Vassilakis (nephew of testator, a son of the brother Diamantis) "defendants", to show cause why Diamantis should not pay petitioner $2,000 and Stephen pay petitioner $500 (or in the alternative why Diamantis should not pay the entire $2,500), such sums being one-half of the proceeds of two life insurance policies wherein defendants were respectively named as beneficiaries, the proceeds thereof having been paid by the insurance companies to the named beneficiaries in accordance with the terms of the policies. The basis for such demand is that testator by his will directed, inter alia, that his "life insurance money" be equally divided between Diamantis and petitioner, but that each "defendant", as designated insurance beneficiary, collected the insurance proceeds and refused to pay petitioner a one-half share.
While not disclosed by the docket entries printed in the paper books, an examination of the original record reveals that when Diamantis applied for and secured letters testamentary on testator's estate on November 21, 1944, he deposed that he was a resident of Monessen, Pa., and that testator was a resident of Westmoreland County, possessed of personal estate to the value of $500 and of real estate to the value of $5,000 (specifically described in the assessment for Pennsylvania Transfer Inheritance Tax). That record also discloses that Diamantis, as executor, filed an account of his administration of the estate on July 16, 1946. The account listed assets of $1,116.67 and disbursements of $7,705.82,
leaving nothing for distribution. The account was audited and ...