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ESTATE GERALD F. SCANLON (10/03/75)

SUPREME COURT OF PENNSYLVANIA


decided: October 3, 1975.

ESTATE OF GERALD F. SCANLON, DECEASED. APPEAL OF FRANCES TOWNLEY

COUNSEL

William L. Huganir, Norristown, for appellant.

Marvin L. Wilenzik, Norristown, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Manderino, J., filed a dissenting opinion.

Author: Per Curiam

[ 464 Pa. Page 236]

OPINION OF THE COURT

Decree affirmed. Each party pay own costs.

[ 464 Pa. Page 237]

MANDERINO, Justice (dissenting).

I dissent. For a document to serve as a will, it must show decedent's intent to make a testamentary gift, Fick Will, 418 Pa. 352, 211 A.2d 425 (1965), must be in writing and be signed at the end thereof. 20 CPSA ยง 2502. The decedent, Gerald F. Scanlon, executed a bank signature card on March 15, 1965, intending to create a joint account with a right of survivorship between himself and appellant, his cousin, Frances Townley. That signature card clearly shows decedent's intent to make a gift of the balance of the account to appellant if she survived him. It qualifies in all respects as a testamentary disposition.

19751003

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