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SCHUCK ESTATE (11/23/65)

decided: November 23, 1965.

SCHUCK ESTATE


Appeal from decree of Orphans' Court of Allegheny County, No. 270 of 1963, in re estate of Alma K. King Schuck, deceased.

COUNSEL

Joseph S. D. Christof, with him Artemas C. Leslie, and McCloskey, Best & Leslie, for appellant.

James S. Crawford, III, with him Thorp, Reed & Armstrong, for appellee.

Bell, C. J., Musmanno, Jones, Eagen and O'Brien, JJ. Opinion by Mr. Chief Justice Bell.

Author: Bell

[ 419 Pa. Page 467]

The questions involved are narrow: (1) Who is entitled to the savings account which Mrs. Schuck

[ 419 Pa. Page 468]

    opened in her own name in trust for Mrs. Felter; and (2) were the gifts (a) to the Shriner's Hospital and (b) to the trust for William Cody Davis specific or residuary legacies?

Alma K. King Schuck, a resident of Allegheny County, Pennsylvania, died on December 17, 1962, leaving a will dated July 30, 1962. Mrs. Schuck was survived by a husband*fn1 and three blood relatives, namely, Mrs. Felter, a niece, and William Cody Davis and Wanda T. Nickens, who were the children of Mrs. Felter's deceased sister.

The Shriners Hospital for Crippled Children,*fn2 a beneficiary under the will, appeals from the Final Decree of the Orphans' Court which dismissed the Hospital's exceptions to the adjudication of Rahauser, J., which had confirmed the account of testatrix's executor.

On October 10, 1961, Mrs. Schuck opened a savings account, No. 12,001, with a deposit of $25,300 of her own money, at the Mellon National Bank and Trust Company.*fn3 This savings account was opened in the name of " Mrs. Alma King Schuck in trust for Mrs. Audrey Felter." No other deposits were made in this account by Mrs. Schuck and no deposits were ever made by Mrs. Felter. Mrs. Schuck retained possession of the pass book at all times, and at her death it came into the possession of her executor, who included it in his inventory. The Orphans' Court decided that the savings account was not a testamentary asset and awarded it to Mrs. Felter.

In her will Mrs. Schuck first provided for the payment of her debts and funeral ...


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