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SKRIZISZOUSKI ESTATE. (09/26/55)

September 26, 1955

SKRIZISZOUSKI ESTATE.


Appeal, No. 6, May T., 1955, from order of Orphans' Court of Dauphin County, 1950, No. 685, in re Estate of Robert Skriziszouski, deceased, appeal of Commonwealth of Pennsylvania. Order affirmed; reargument refused October 13, 1955.

COUNSEL

Ralph S. Snyder, Deputy Attorney General, with him Francis J. Gafford, Deputy Attorney General, and Herbert B. Cohen, Attorney General, for appellant.

Stephen A. Teller, Assistant U.S. Attorney, with him J. Julius Levy, U.S. Attorney, and Mark T. Milnor, for appellee.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Bell

[ 382 Pa. Page 635]

OPINION BY MR. JUSTICE BELL

This is an appeal from an Order awarding the cash balance of $21,905. in the estate of Robert Skriziszouski to the United States, pursuant to the provisions of the Congressional Act of June 25, 1910, as amended December

[ 382 Pa. Page 63626]

, 1941, and set forth in Title 38 U.S.C.A. 17-17(j). With the exception of a $50. bonus from the Commonwealth of Pennsylvania, all of Skriziszouski's estate was composed of money received from the Federal Government through the Veterans' Administration, plus interest earned thereon.

Robert Skriziszouski enlisted in the U.S. Army on September 20, 1917, at Brownsville, Pa., and was honorably discharged therefrom on February 18, 1918. Skriziszouski was confined in mental institutions from February 18, 1918 until his death on May 13, 1950. He died in the Veterans' Administration Hospital at Coatesville, Pa., where he had been admitted as a veteran and was receiving hospitalization, care and treatment under the Veterans' Administration.

The First and Final Account of the substituted guardian was confirmed absolutely on September 18, 1950.

The decedent left no will, no spouse, no issue, no parents or grandparents, no next of kin or any relatives or heirs (if the last named word is to be given its customary meaning.) The Veterans' Administration filed on behalf of the United States Government a claim for the balance of his estate, under the provisions of the aforesaid Congressional Act. The Commonwealth of Pennsylvania also claimed the estate as an "heir" under the provisions of § 3(6) of the Intestate Act of April 24, 1947, P.L. 80, 20 PS § 1.3(6). The Court awarded the balance of cash to the United States Government.

The question involved is a very narrow one: Is the Commonwealth of Pennsylvania an heir within the meaning of the ...


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