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ROGAN ESTATE. (11/10/58)

November 10, 1958

ROGAN ESTATE.


Appeal, No. 209, March T., 1958, from decree of Orphans' Court of Allegheny County, No. 791 of 1958, in re estate of Michael D. Rogan, deceased. Decree affirmed.

COUNSEL

Samuel Avins, for appellant.

Abraham Pervin, with him Sachs, Pervin & Kaufman, for appellee.

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

Author: Jones

[ 394 Pa. Page 139]

OPINION BY MR. JUSTICE BENJAMIN R. JONES.

Michael D. Rogan, decedent, died, testate,*fn1 on February 14, 1958, survived by a son, M. D. Rogan, Jr., and a daughter, Marie Neiderlander.

On January 31, 1958 decedent had a checking account in his own name in the Allegheny Trust Company, Pittsburgh, Pa. the balance in which was $18,325.09. On that date on the basis of a writing purporting to bear decedent's signature the Trust Company permitted the balance in said account to be transferred to a joint checking account in the names of decedent and Sheila P. Rogan, the wife of M. D. Rogan, Jr. and decedent's daughter-in-law.*fn2

On February 17, 1958 - three days subsequent to decedent's death - Sheila P. Rogan withdrew from the checking account $17,500 and later the entire balance. Of the amount withdrawn $15,000 was deposited in the Peoples First National Bank and Trust Company, Pittsburgh, Pa.

The Potter Bank and Trust Company, the executor under decedent's will, presented a petition to the Orphans' Court of Allegheny County seeking a citation against Sheila P. Rogan, M. D. Rogan, Jr., the Allegheny Trust Company and the Peoples First National Bank and Trust Company to show cause why they should not turn over to the executor the amount withdrawn, - to wit, $18,325.09 - and also sought a preliminary injunction restraining them, or any of them, from disposing of said money. To this petition and citation Sheila P. Rogan filed preliminary objections raising principally the jurisdiction of the Orphans' Court in

[ 394 Pa. Page 140]

    the matter. In a per curiam opinion the Orphans' Court dismissed the preliminary objections.

The sole question at issue is whether under the circumstances the Orphans' Court had jurisdiction to adjudicate the ...


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