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NEMCEK v. CENTRAL CITY NATIONAL BANK (ET AL. (03/18/59)

March 18, 1959

NEMCEK
v.
CENTRAL CITY NATIONAL BANK (ET AL., APPELLANT).



Appeal, No. 112, April T., 1958, from judgment of Court of Common Pleas of Somerset County, No. 1521 C.D. 1953, in case of Bertha Nemcek v. Central City National Bank et al. Judgment affirmed.

COUNSEL

Frank A. Orban, Jr., for appellant.

Archibald M. Matthews, with him Robert W. Critchfield, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Ervin, and Watkins, JJ. (woodside, J., absent).

Author: Gunther

[ 188 Pa. Super. Page 519]

OPINION BY GUNTHER, J.

This appeal involves the disposition of a joint savings account where one of the parties to the account died. Essentially, it is a contest between the survivor and the estate of the deceased.

On January 31, 1953, Julia Gergey deposited $1,000.00 in the Central City National Bank in a savings account in the name of herself and her daughter, Bertha Nemcek, also known as Bertha Nemchik, with incidents of survivorship. At the time the account was opened, no pass book was issued because the bank did not have any on hand. A deposit slip was prepared in duplicate, however, and a duplicate was given to Julia Gergey at that time. The signature card was signed by Mrs. Gergey at the time of the deposit and was turned over to her to obtain the signature of her daughter. This was done sometime later, and the signature card was returned to the bank.

The signature card contained the usual printed contract of a joint account with the right of survivorship. However, in making up the account, the teller, for some unknown reason, captioned the account "Julia Gergey, P.O.D. Bertha Nemchik." Both the signature card and the duplicate deposit slip were turned over by Mrs. Gergey to her daughter, Bertha Nemcek, who signed

[ 188 Pa. Super. Page 520]

    and returned the card in the presence of witnesses and kept the duplicate deposit slip. No money was ever withdrawn from the account by either of the joint owners until after the death of Mrs. Gergey on April 5, 1953, when demand for the money was made upon the bank by the survivor. It further developed that no pass book was ever issued on this account by the bank for the reason that, under its rules, the duplicate deposit slip had to be returned before a pass book would be issued.

On February 15, 1953, about two weeks after the said joint account was opened, Julia Gergey made her will in which she divided her property into five shares, leaving one share to her daughter, Bertha Nemcek. No mention was made in said Will of the joint account previously created.

After the death of her mother, Bertha Nemeck gave formal written notice for the withdrawal of said account as survivor. Subsequent to the notice, however, the bank received a letter from the estate of Julia Gergey, wherein the funds were also claimed by the estate. Based upon this letter, the bank refused to honor the request of the surviving joint tenant, and in November, 1953, a complaint in assumpsit was filed against the bank. The bank interpleaded the estate, disclaimed any right in the fund and paid the same into the office of the prothonotary. Thereafter, Joseph Gergely, individually and as executor for the estate, filed a complaint, alleging that no ...


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