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SLAVINSKI ESTATE (03/22/66)

decided: March 22, 1966.

SLAVINSKI ESTATE


Appeal from decree of Orphans' Court of Chester County, No. 61 of 1962, in re estate of Henry Slavinski, deceased.

COUNSEL

Fred T. Cadmus, III, with him William J. C. O'Donnell, and O'Donnell & O'Donnell, for appellant.

Joseph F. Harvey, with him MacElree, Platt, Marrone & Harvey, for appellee.

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

Author: Jones

[ 420 Pa. Page 505]

The essential facts of this controversy are set forth in the opinion of the court below.

"Katherine Slavinski, wife of Henry Slavinski and mother of Henry J. Slavinski, Jr., on July 6, 1955, in company with Henry Slavinski and Henry J. Slavinski, Jr., caused to be opened a savings account No. 9327 at Phoenixville Trust Company, Phoenixville, Pennsylvania with funds previously in her name alone in the following names, to wit: [The signature card provided]:

'Title of Account -- Henry J. or Katherine (14) Slavinski or Henry Slavinski -- S.F. No. 9327 --

"'In receiving items for deposit or collection, this bank acts only as depositor's collecting agent and assumes no responsibility beyond the exercise of due care. All items are credited subject to final payment in cash or solvent credits. This bank will not be liable for default or negligence of its duly selected correspondents nor for losses in transit, and each correspondent so selected shall not be liable except for its own negligence. This Bank or its correspondents may send items, directly or indirectly, to any bank including the payor, and accept its draft or credit as conditional payment in lieu of cash; it may charge back any item at any time before final payment, whether returned or not, also any item drawn on this bank not good at close of business on day deposited.

"'Authorized Signature

(s) Katherine Slavinski (deceased)

[ 420 Pa. Page ...


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