92 Pa. Super. 480 | Pa. Super. Ct. | 1927
Argued October 20, 1927.
The plaintiffs' action was based on a claim against the defendant bank for the amount of a deposit made by John B. Mayer, April 21, 1924. The deposit was in a savings account and at the time it was made, the depositor signed a "signature card" containing the following agreement: "I hereby assent to the rules and regulations of the Germantown Trust Company and to any further amendments thereto, and agree to be bound thereby." On the back of this card was endorsed the following: "April 21, 1924, in the event of my death I hereby authorize the Germantown Trust Company to pay over to my wife, Margaret B. Mayer, the balance of moneys standing in this my account. John B. Mayer. Witness, Joseph Bedford, Jr." Rule 3 of the regulations of the defendant with respect to trust deposits is in the following words: "Every deposit made by one person for the benefit of another person shall be expressed to be `In Trust,' or stating the fiduciary capacity in which the depositor is acting as `executor, etc.' and no deposit shall be received or be expressed to be received from one person `by' another person, or by one person `for' another person." Rule 4 of the regulations is in these words: "In case of the death of a depositor payment can be made only to his or her executors or administrators producing the book, unless an appointment shall have been made by such depositor and recorded on the signature card or books of the company, of a person to receive the same." The deposit was made in the name of the depositor in the usual form. He died August 18, 1924, having made a will July 25, 1924, wherein he revoked and made null and void "any and all wills and testaments or writings in the nature thereof by me at *483
any time heretofore made." On or about September 16, 1924, Margaret Mayer presented the decedent's deposit book for the fund to the defendant bank and demanded payment of the money to her. Pursuant to that request the credit of John B. Mayer was transferred to her. In so doing, however, the defendant made an arrangement with Mrs. Mayer under which the money was to remain in the custody of the bank until the question of her right to receive it was legally determined, information having been received by the Trust Company that the money would be claimed by the executors of the decedent's estate. The first question arising in the litigation is who was the owner of the fund at the time of the testator's death? It was claimed by Mrs. Mayer as a gift under the endorsement contained on the back of the signature card and further title was set up by her under an alleged family settlement and by virtue of an estoppel. The position of the plaintiffs is that the title to the deposit never passed to Mrs. Mayer, but became a part of the decedent's estate. They also denied that there was either a family agreement or an estoppel vesting title in Mrs. Mayer. The court gave binding instructions for the plaintiffs for the reason that the writing endorsed on the signature card did not create a gift, and that there was no evidence to support a family settlement, or to effect an estoppel. With respect to the claim of a gift, authorities are abundant to the effect that actual delivery of the thing given is necessary to create a gift, and this applies to gifts intervivos and gifts causa mortis alike. An intention to give at a future time or on a given contingency will not pass title; the intention must be executed. A gift was defined in Walsh's Appeal,
On the facts disclosed, the action of the court below is well supported by authority and the judgment is affirmed.