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ESTATE CARL GRITZAN (03/27/87)

filed: March 27, 1987.

ESTATE OF CARL GRITZAN, ALIAS DICTUS, CARL GRITZAN, JR., AN ALLEGED INCOMPETENT. APPEAL OF DOROTHY A. (GRITZAN) MCCREERY, DAUGHTER AND HEIR OF CARL GRITZAN, ALIAS DICTUS, CARL GRITZAN, JR., DECEASED


Appeal from the Order of the Court of Common Pleas, Westmoreland County, Orphans Division, at No. 65-84-755.

COUNSEL

Brian S. Fenton, Latrobe, for appellant.

Brosky, Johnson and Montgomery, JJ.

Author: Brosky

[ 362 Pa. Super. Page 66]

This is an appeal from the August 1, 1986 Order of the trial court dismissing appellant's exceptions to the decree of May 6, 1986 and entering a Final Decree.

Appellant raises five issues for our consideration: (1) whether the trial court erred in entering an Order of Court finding that Carl Gritzan was incompetent on or before March 24, 1984; (2) whether the trial court erred in its conclusion that it was proper for the Guardian, Pittsburgh National Bank (PNB), to redeem certain Government bonds after the death of Carl Gritzan; (3) whether the trial court erred in its conclusion that it is proper for PNB to retain the proceeds of the redeemed Government bonds when the joint owner and survivor (appellant), requested that those proceeds be paid over to her directly; (4) whether the trial court erred in its conclusion that it was proper for the Guardian, PNB, to retain, in its possession, the unredeemed Government bonds when the co-owner and survivor, Dorothy A. Gritzan McCreery, has requested the return of those bonds; (5) whether the trial court erred in its conclusion that it was proper for the Guardian, Sandra Gritzan Magnus, to retain the amount of $4,296.69 in her possession which was part of the estate of Carl Gritzan. The trial court responded to the above issues in the negative and,

[ 362 Pa. Super. Page 67]

    while we agree with regard to issues (1) and (5), we reverse on issues (2), (3) and (4).

This appeal arises from an Orphan's Court proceeding for the Appointment of a Temporary Guardian of Carl Gritzan, filed by one of his daughters, Sandra Gritzan Magnus, on April 30, 1984. Sandra Gritzan Magnus was, at that time, appointed temporary guardian of the estate of Carl Gritzan. Carl Gritzan's other daughter, Dorothy A. (Gritzan) McCreery, (appellant), filed an answer to the above Petition on July 10, 1984. On July 27, 1984, a Consent Order was entered into by the two sisters which terminated Sandra as temporary guardian and appointed William S. Ferraro, Esquire and Joseph P. Covelli, Esquire, as guardians. This Order also indicated that both Sandra and Dorothy were to deliver all property they had in their possession, owned individually or jointly by Carl Gritzan, to the guardians. This property included, inter alia, 326 Series E U.S. Savings Bonds, jointly titled in the names of "Carl Gritzan or Dorothy Gritzan McCreery", (this is the only permissible manner in which to entitle such bonds under 31 C.F.R. ยง 315.7) and proceeds of two Certificates of Deposit.

By Order dated September 26, 1984, PNB was appointed successor guardian of the estate of Carl Gritzan and William S. Ferraro and Joseph P. Covelli, guardians, dispersed to PNB 326 Series E U.S. Savings Bonds, in kind, along with all other property they had received as guardians.

Carl Gritzan died on November 17, 1984. PNB endorsed a number of Series E U.S. Savings Bonds and sent them to the Federal Reserve to be redeemed. On or about December 20, 1984 PNB filed its first and final account. Joseph P. Covelli and William S. Ferraro filed their first and final account on April 4, 1985. On or about August 26, 1985, Sandra Gritzan Magnus filed her first and final account.

Appellant filed exceptions to all accounts. A hearing was held and testimony taken from all guardians. A final decree and ...


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