Appeal, No. 187, March T., 1959, from order of Orphans' Court of Erie County, Feb. T., 1958, No. 142, in the matter of the estate of Lillian Cochran, also known as Lillian Cochran Horstman, etc. Order affirmed. affirmed. Orphans' court proceeding to determine ownership of certain bonds. Adjudication filed dismissing petition, exceptions dismissed, and order entered, adjudication by ROBERTS, P.J. Petitioner appealed.
John E. Britton, with him Gifford, Graham, MacDonald MacDonald & Illig, for appellant.
Alban W. Curtze, with him Curtze & Gent, for appellee.
Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Mcbride, JJ.
OPINION BY MR. JUSTICE BENJAMIN J. JONES
Lillian C. Horstman, a resident of Erie County, died on May 2, 1957, survived by her husband, Walter Horstman, and several nephews and nieces.
On August 10, 1936 - four years prior to her marriage to Walter Horstman - decedent made her last will and, upon her death, letters testamentary were issued to her niece, Mrs. Louise Quinn. Together with Walter Horstman and his counsel, Mrs. Quinn opened decedent's
Opinion BY MR. JUSTICE BENJAMIN R. JONES Erie, a box registered in the joint names of decedent and Mrs. Quinn. In that box were, inter alia, 115 United States Government Series "E" bonds, having a face value of $13,100, all of which bonds were registered as payable to decedent or some other named persons - nephews and nieces - as co-owners.*fn1 Decedent purchased these bonds with her own funds and kept them at all times in the safe deposit box to which only decedent and Mrs. Quinn had access.
In the Orphans' Court of Erie County Walter Horstman secured a rule upon Mrs. Quinn, as executrix, to show cause why these bonds should not be included
in the inventory of decedent's estate. After the filing of answers and a hearing, that court dismissed Horstman's rule and granted leave to the executrix to distribute the bonds to the co-owners named therein. From that order Horstman appeals.
Horstman's only contention - gleaned from an examination of the pleadings and stipulated facts - is that the attempt by decedent to make gifts of these bonds to the several named co-owners failed because of lack of delivery and, therefore, the bonds still belong to decedent's estate.*fn2 The court below, relying upon the United States Treasury regulations which govern the issuance of these bonds, ...