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CRIBBS ESTATE. (06/04/63)

June 4, 1963

IN RE CRIBBS ESTATE.


Appeal, No. 10, March T., 1963, from decree of Orphans' Court of Clarion County, No. 144 of 1960, in the matter of amended final account of Ruth Cribbs, administratrix of estate of Paul R. Cribbs, deceased. Decree affirmed.

COUNSEL

John H. Bozic, Jr., with him H. Ray Pope, Jr., and Bozic & Bozic, for appellants.

No argument was made nor brief submitted for appellee.

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

Author: Roberts

[ 411 Pa. Page 244]

OPINION BY MR. JUSTICE ROBERTS

Decedent died intestate December 15, 1956 (as a result of an explosion in his machine shop), survived by his widow and three adult sons [appellants] of a prior marriage.*fn1 Letters of administration were granted to his widow [appellee] six days later, and on October 24, 1960, she filed her final account. Appellants filed exceptions to the account, which exceptions were heard and dismissed by the auditor. It is from the court's dismissal of exceptions to the auditor's report that this appeal is taken.*fn2

[ 411 Pa. Page 245]

The facts from which this controversy arises are not in dispute. For many years prior to 1945, decedent had been employed in a machine shop. At about the time of his remarriage in 1945, he bought the shop for $1,000, and continued the business as "Cribbs Machine Company." The purchase price was provided by his wife who withdrew the funds from her teacher's retirement accumulation. In November, 1945, with $300 supplied by his wife's sister, a bank checking account was opened, "Cribbs Machine Company, Paul Cribbs, Mrs. Paul Cribbs."*fn3 The signature card, ledger cards and bank pass book contained no other language, designation or indication of the ownership or rights in the bank account.*fn4 Both decedent and his wife drew checks on the account which was their only bank account. At decedent's death there remained a balance of $1,979.05.

In 1946, a lot was purchased and titled in decedent's name alone. Later, a dwelling was erected on it for use by decedent and his wife. On December 29, 1950, decedent and his wife executed a $15,000 mortgage on this property as security for a bank loan for the construction of a machine shop to the rear of their dwelling.

[ 411 Pa. Page 246]

The mortgage was recorded on January 4, 1951, and on that day the bank advanced the funds.

On December 21, 1950, decedent applied for three life insurance policies, each in the amount of $5,000, with his wife as beneficiary, and the policies were issued on January 2, 1951. Later, on January 11, the decedent as the insured and his wife as beneficiary assigned the three policies to the bank as collateral for the loan.*fn5 When the balance due on the bank loan was reduced to $10,000, decedent cancelled one of the policies. At his ...


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