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AMOUR ESTATE. (09/29/59)

September 29, 1959

IN RE AMOUR ESTATE.


Appeal, No. 42, Jan. T., 1959, from decree of Orphans' Court of Schuylkill County, in re estate of Helen J. Amour, deceased. Decree affirmed. Proceedings on petition by administratrix for determination of title to personal property. Adjudication filed dismissing petition, exceptions dismissed and decree entered, opinion by GANGLOFF, P.J. Petitioner appealed.

COUNSEL

Calvin J. Friedberg, with him Joseph A. McKenna, and Hicks, Williamson, Friedberg, Jones, and McKenna, for appellant.

Thomas B. Noonan, with him John C. Noonan, for appellee.

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

Author: Bell

[ 397 Pa. Page 263]

OPINION BY MR. JUSTICE BELL

Helen J. Amour died intestate on March 31, 1956. On April 18, 1956 letters of administration were issued to her sister, Jane Bokus (the appellant here), who filed a petition entitled "Petition for Adjudication of Title to Personal Property".

A savings fund account was opened on March 18, 1952, in the amount of $2064.30 in the name of "Helen J. Amour or Joseph F. Carlin (Uncle)." The signature card was signed (on its face) by Helen J. Amour and Joseph F. Carlin. On the back of the signature card, which was also signed by Helen J. Amour and Joseph F. Carlin, appeared the following words:

"It is understood and agreed that any and all sums that may from time to time stand in this account, to the credit of the undersigned depositors, shall be taken and considered as belonging to them as joint tenants*fn* and not as tenants in common; and said The Beneficial Saving Fund Society of Philadelphia, is hereby authorized and directed to pay, unconditionally, from such sums any and all orders drawn by us or by either or any of us; and it is further agreed and understood that in case of the death of either or any of us, said The Beneficial Saving Fund Society of Philadelphia is hereby authorized and directed to deal with the survivors or survivor of us as the sole and absolute owners of such sums. Each of us hereby authorizes the other or any of the others or The Beneficial Saving Fund Society of Philadelphia to endorse for deposit in this account any check or other instrument for the payment of money which may be drawn or endorsed

[ 397 Pa. Page 264]

    to the order of all or either or any of us. We intend to be legally bound hereby; and this agreement shall bind our respective heirs, executors and administrators or assigns.

Mar 18 1952

"Witness our hands and seals this ...


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