96 Pa. Super. 255 | Pa. Super. Ct. | 1929
Argued April 10, 1929. A savings account was opened in the Citizens' National Bank of Hooversville "In account with Annie, Andrew Mischik, either." They were husband and wife. Annie Mischik took the bank book and placed it in a drawer in their home. No money could be withdrawn under the rules of the bank as they appear in the book, without the production of the book. On August 5, 1927, Andrew Mischik borrowed $1,200 from the Pennsylvania Trust Company, giving his judgment note of even date, payable September 5, 1927, therein pledging the savings account and delivering the deposit book and an order or receipt signed by him which authorized the withdrawal of $1,200 from the account.
The treasurer of the trust company telephoned the cashier of the Hooversville bank and gave him notice of his intention to accept the savings account, deposit book and order or receipt as collateral security and was advised by the cashier that the order would be *257 paid at the expiration of thirty days, as provided by the rules.
Andrew Mischik died August 17, 1927, before the expiration of the time set in the note and his wife, Annie Mischik, claimed the amount in bank. The money was then paid into court and the Pennsylvania Trust Company and Annie Mischik both claimed the fund. The trial judge, the facts being undisputed, directed a verdict in favor of the plaintiff and afterwards entered judgment n.o.v., in favor of the defendant, Annie Mischik.
It is very evident that the account was held by Andrew and Annie Mischik by entireties. Whenever an estate real or personal, vests in two persons who are at the time husband and wife, a tenancy by the entireties arises: Brambarry's Estate,
The judgment is affirmed.