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HENDRICKSON ESTATE. (03/18/57)

March 18, 1957

HENDRICKSON ESTATE.


Appeal, No. 143, Jan. T., 1957, from decree of Orphans' Court of Lackawanna County, 1954, No. 585, in re estate of Forest F. Hendrickson, deceased. Decree affirmed.

COUNSEL

Jerome I. Myers, with him Morey M. Myers, for appellant.

Russell J. O'Malley, with him Sheldon Rosenberg, and Nogi, O'Malley & Harris, for appellee.

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

Author: Jones

[ 388 Pa. Page 40]

OPINION BY MR. JUSTICE BENJAMIN R. JONES

This appeal from a final decree of the Orphans' Court of Lackawanna County involves a dispute between a daughter of decedent and decedent's estate concerning the ownership of a diamond ring. Basically,

[ 388 Pa. Page 41]

    the determination of the inquiry herein presented depends on the applicability of the so-called "dead man's rule"*fn1 to appellant's testimony upon which her claim principally, if not solely, depends.

Forest F. Hendrickson died, testate,*fn2 June 27, 1954, survived by 7 daughters and 2 sons. After decedent's death the executor found a 3 stone diamond ring, valued at $900, in decedent's sate located on the 3rd floor of his home.

Blanche Reid - a daughter of decedent and the appellant - excepted to the inclusion in the executor's account of the diamond ring, alleging the ring belonged to her, not to decedent. After hearing, Judge BRADY on May 3, 1956 disallowed appellant's claim and dismissed her exception. Exceptions filed to this adjudication were finally dismissed by the court below on October 8, 1956 and this appeal was taken.

Appellant's position is that sometime prior to 1938 decedent purchased and gave this diamond ring to his wife, Eva Hendrickson (appellant's mother) and that she, shortly before her death in March, 1938, gave the ring to appellant. In support of her claim, appellant presented her own testimony and that of H. V. Cutler: (1) Mr. Cutler, a jeweler, testified that, at the decedent's ...


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