Appeal, No. 21, March T., 1958, from decree of Court of Common Pleas of Allegheny County, July T., 1956, No. 1778, in equity, in case of Stella Sangl, a mental incompetent, by her guardian Potter Bank & Trust Company v. Anna M. Sangl et vir. Decree, as modified, affirmed.
J. Thomas Hoffman, with him Thomas P. Nee, for appellant.
George S. Goldstein, with him George H. Cohen, for appellee.
Before Jones, C.j., Bell, Musmanno, Jones and Cohen, JJ.
OPINION BY MR. JUSTICE BELL.
This is an appeal from a decree of the Court of Common Pleas of Allegheny County sitting in equity, which awarded the plaintiff two savings accounts and an insurance policy.
A joint savings account in the amount of $6,803.78 was opened by Stella Sangl on May 9, 1955 in Pioneer Savings and Loan Association in the name of herself and Anna Sangl, her sister-in-law, "as joint tenants with right of survivorship and not as tenants in common... one signature only required for withdrawal... any one of the undersigned who shall first act shall have power to act in all matters related to... the savings account... whether the other person named hereon be living or not." The signature card was signed by Stella J. Sangl and Anna M. Sangl. The passbook was kept by Anna.
A joint savings account in the amount of $7,445 was opened by Stella Sangl on August 5, 1955 in the name of herself and her sister-in-law, Anna, in Friendship Federal Savings and Loan Association "as joint tenants with the right of survivorship and not as tenants in common... subject to order of both." The signature card was signed by Stella and Anna P. Sangl.
On June 4, 1953 Stella had opened an account in the Friendship Federal Savings and Loan Association in the names of herself and her brother Peter Sangl, as joint tenants and not as tenants in common, with right of survivorship. The passbook was given to Anna Sangl, Peter's wife, to hold for safekeeping. Peter Sangl became seriously ill in 1955 and Stella thereupon transferred the funds in this account to the present account in the names and under the terms hereinabove mentioned. Anna Sangl retained the passbook for safekeeping.
The money in each account belonged originally to Stella; neither Anna nor Peter ever contributed anything.
Stella Sangl became incompetent, and on April 4, 1956 the Orphans' Court of Allegheny County appointed the Potter Bank & ...