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PARKHURST ESTATE. (01/16/61)

January 16, 1961

PARKHURST ESTATE.


Appeal, No. 312, Jan. T., 1960, from decree of Orphans' Court of Philadelphia County, No. 290 of 1958, in re estate of Wilbert P. Parkhurst, deceased. Decree reversed.

COUNSEL

Joseph N. DuBarry, IV, with him Montgomery, McCracken, Walker & Rhoads, for appellant.

William White, Jr., with him Alan Reeve Hunt, and Duane, Morris & Heckscher, for appellee.

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

Author: Cohen

[ 402 Pa. Page 529]

OPINION BY MR. JUSTICE COHEN.

This is an appeal from the Orphans' Court of Philadelphia County dismissing the claim of appellant to certain securities held by the ancillary administrator of the estate of Wilbert P. Parkhurst.

The facts with respect to appellant Rae Fischer's claim are not in dispute, having been agreed to in a stipulation of counsel.

Decedent opened a checking account in his own name in 1937 at the Corn Exchange National Bank and Trust Company, now, by merger, the Girard Trust Corn Exchange Bank (Bank).

On or about September 15, 1941, decedent, with his own funds, purchased the following securities, and had them registered in his name and that of appellant, his

[ 402 Pa. Page 530]

    niece, "as joint tenants with the right of survivorship and not as tenants in common": 50 shares of General Motors Corporation, common stock; 10 shares of E.I. du Pont de Nemours & Co., preferred, and 40 shares of Commonwealth Edison Co. stock.

The certificates were forwarded by the Bank to decedent on October 22, 1941. On October 6, 1942, decedent rented a safe deposit box at the Bank and placed the certificates therein. One week later he registered the safe deposit box jointly in his name and that of appellant, "with either having full rights of entry therein without the presence of the other." This safe deposit box was entered on only three occasions; October 6, 1942 by decedent alone; July 20, 1944 by appellant alone; September 4, 1947 by appellant alone. The safe deposit box was surrendered on September 4, ...


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