Appeal, No. 96, March T., 1953, from decree of Orphans' Court of Washington County, Feb. T., 1951, No. 4, in Estate of Peter Furjanick, alias Pit Furjanic, alias Pete Furjanic, deceased. Decree reversed.
Paul N. Barna, for appellant.
George O. Frazier, with him D. M. Anderson, Jr., for appellee.
Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE BELL
Peter (Pit) Furjanick, an unmarried man 83 years of age, and his niece Susan (Sue) Furjanick, resided together in a property of the decedent situated in Donora, Pennsylvania. On December 13, 1945 they went together to his bank where he had a savings account and a checking account which were carried in his name only. At Peter's request, which will be hereinafter discussed at length, these accounts were closed and a new savings account and checking account carrying the same balances were created in their joint names, the signature cards reading as follows:
"PIT FURJANIC OR SUE FURJANIC
Joint Savings Account*fn*
(Signed) Sue Furjanic, Niece"
At that time each of them signed the following agreement which was on the reverse side of said signature card: "The undersigned do hereby open a joint deposit account with Union National Bank, Donora, Pa. (Hereinafter called The Bank) and agree each with the other*fn** and with the said bank that all sums heretofore or hereafter deposited by either or both of said joint depositors, with the said bank to their credit as such joint depositors, with all accumulations thereon, are and shall be owned by them jointly, with the right of survivorship and not as tenants in common, and be subject, in whole or in part, at any time and from time to time, during the life of both, to the check or order of withdrawal of both or either of them; and that upon the death of either the balance in said account shall belong to the survivor of them, and payment thereof to or on the check of the survivor shall be valid and discharge the said bank from all liability. Each of the undersigned appoints the other his or her Attorney-in-fact to endorse any check, draft, note, or other instrument payable to his or her order or to the order of both, and to deposit the same or any other moneys to said joint account.
"It is further stipulated that this agreement is not revocable except, by written notice to the said bank signed by both depositors, and that such notice shall ...