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BRIGHTBILL v. BOESHORE. (04/16/56)

April 16, 1956

BRIGHTBILL, APPELLANT,
v.
BOESHORE.



Appeal, No. 27, Jan. T., 1956, from decree of Court of Common Pleas of Lebanon County, Equity Docket, 1953, No. 6, in case of Stephanie Brightbill, Exrx. of Estate of Miles A. Brightbill v. Kathryn A. Boeshore, Richard L. Boeshore and M. A. Brightbill Body Works, Inc. Decree affirmed.

COUNSEL

James R. Koller, with him Walter H. Compton, George L. Reed, Robert E. Siegrist and Siegrist, Koller & Siegrist, for appellant.

J. Pennington Straus, with him Josephine H. Klein, J. B. Millard Tyson, Edward H. Miller, and Schnader, Harrison, Segal & Lewis, for appellees.

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

Author: Bell

[ 385 Pa. Page 70]

OPINION BY MR. JUSTICE BELL

The question presented by this appeal is whether the evidence was sufficient to establish a valid gift inter vivos of 670 shares of stock of Brightbill Body Works, Inc.

[ 385 Pa. Page 71]

Plaintiff, executrix of Brightbill's estate, filed a complaint in equity to recover as an asset of her husband's estate 670 shares of the common stock of said Company represented by stock certificate No. 1. Brightbill died testate on September 7, 1953 leaving a very badly drawn holographic will dated January 27, 1951. In that will he "bequeathed" and transferred to his second wife, Stephanie Brightbill (plaintiff and appellant herein), certain specifically named real and personal property*fn* - not including the stock in question. He was survived by his second wife, his first wife, and one child, Kathryn A. Boeshore who claimed the stock in question as an inter vivos gift from her father.

The Chancellor made the following pertinent findings of fact:

"V. On October 4, 1948, the decedent and his then wife, Elsie, entered into a written property settlement agreement providing for the incorporation of his business*fn** and the delivery of 370 shares of stock of said company to the daughter, Kathryn A. Boeshore, and 5 shares to Richard L. Boeshore, husband of his daughter, based on a stock issue of 1500 shares and providing that said daughter and her husband shall be the owners of twenty-five percent of said stock at all times."

"VII. The decedent, Miles A. Brightbill, did incorporate his business as of September 27, 1948."

"VIII. Early in January, i.e., January 3 or 4, 1949, the following shares of stock of the M.A. Brightbill Body Works, Inc. were duly issued: Miles A. Brightbill 670 shares; Kathryn A. Boeshore 245 shares;

[ 385 Pa. Page 72]

Elsie A. Brightbill 80 shares; Richard L. Boeshore 5 shares."

"IX. The following persons were elected members and officers of M. A. Brightbill Body Works, Inc.: Miles A. Brightbill, President; Richard L. Boeshore, Vice President and Secretary; Kathryn A. Boeshore, Treasurer."

"XI. Said decedent was the president, director and shareholder of said corporation from the time of its ...


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