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ENGEL ESTATE. (03/17/64)

March 17, 1964

IN RE ENGEL ESTATE.


Appeal, No. 51, Jan. T., 1964, from decree of Orphans' Court of Chester County, No. 39 of 1960, in re estate of Frederic Engel, also known as Karl F. Engel, deceased. Decree affirmed.

COUNSEL

John J. Duffy, with him Robert W. Lentz, Frank J. Eustace, Jr., and Lentz, Cantor & Duffy, for appellant.

L. K. W. Deininger, with him Frederick W. Deininger, for appellee.

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

Author: Bell

[ 413 Pa. Page 476]

OPINION BY MR. CHIEF JUSTICE BELL

Engel died intestate on November 28, 1957, survived by five nieces as his heirs at law and next of kin. On May 2, 1957, decedent deposited $15,288.95 of his own money in a savings account in the Paoli Bank, which shortly thereafter merged with Berwyn National Bank and became known as Upper Main Line Bank. On that occasion, Engel and his nieces, Lena Hutton and Anna Elizabeth Doll, opened the savings account in their three names and signed an ineptly worded signature card, the pertinent provisions of which are as follows:

"Individual - Commercial Account of ENGEL & HUTTON & DOLL -

All three signatures required -

PAOLI BANK, Paoli, Pennsylvania

(s) Karl Frederick Engel

AUTHORIZED SIGNATURE (s) Lena Hutton

AUTHORIZED SIGNATURE (s) Anna ...


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