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SECARY ESTATE. (04/17/62)

April 17, 1962

IN RE SECARY ESTATE.


Appeal, No. 147, March T., 1962, from decree of Orphans' Court of Somerset County, No. 330 of 1958, in re estate of Arthur Secary, deceased. Decree affirmed; reargument refused May 16, 1962.

COUNSEL

Nathaniel A. Barbera, with him Shaver and Barbera, for appellant.

Wayne G. Wolfe, with him Frank A. Orban, Jr., and Spencer, Custer, Saylor & Wolfe, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: Bell

[ 407 Pa. Page 163]

OPINION BY MR. CHIEF JUSTICE BELL

The question involved is narrow. Was decedent's brother entitled to the contents of a safe deposit box under the written lease thereof?

Arthur Secary died intestate on December 23, 1958, at the age of 49. He was survived, inter alia, by his widow, Kay G. Secary, and his mother, Mabel Sicheri, also known as Mabel Secary, as his sole heirs at law, and a brother, Lewis D. Secary, who is the present appellant.

On December 31, 1958, letters of administration were issued to his widow, Kay G. Secary. Included in

[ 407 Pa. Page 164]

    the inventory and appraisement were certain contents of safe deposit box number 541B in the Moxham National Bank of Johnstown. These consisted of $109,240 in cash, an agreement of lease dated October 1, 1945, between Bird Coal Company and decedent and an extension of this lease, and 24 shares of stock of the American Telephone & Telegraph Company dated May 12, 1958, in the name of Arthur Secary. The box also contained 12 Certificates of Indebtedness of North Fork Country Club in the amount of $25 each, and 7 U.S. War Savings Bonds totaling $375 in face value which were in the names of Arthur Secary or Mary Secary;*fn1 these were not listed in the inventory.

The inventory and appraisement also included (a) a checking account in the Moxham National Bank of Johnstown in the name of Kelso Coal Company in the amount of $12,745, and (b) cash contained in envelopes and located in decedent's home in the amount of $8,905.

Appellant, Lewis D. Secary, filed several objections to the inventory and appraisement, but only two are pressed on this appeal, namely, the ownership of the contents of the safe deposit box and the North Fork Country Club certificates, all of ...


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