Opinion
May 10, 1937.
June 25, 1937.
Joint tenancy — Right of survivorship — Evidence — Sufficiency.
1. Evidence held insufficient as a matter of law to establish joint tenancy in bank account with right of survivorship. [419-20]
2. Zellner's Estate, 316 Pa. 202, followed. [419-20]
Before SCHAFFER, MAXEY, LINN, STERN and BARNES, JJ.
Appeal, No. 186, Jan. T., 1937, from judgment of C. P. Union Co., May T., 1936, No. 72, in case of Mrs. Ellen Romig v. Daisey Denkel et al., executor of Estate of Ella Amanda Printzenhoff, Deceased. Judgment affirmed.
Assumpsit. Before LESHER, P. J.
Verdict directed for defendants and judgment entered thereon. Plaintiff appealed.
Error assigned, among others, was direction of verdict for defendants.
James F. McClure, with him Kenneth A. Bidlack, for appellant.
Miller Alanson Johnson, with him William L. Showers, for appellee.
Argued May 10, 1937.
Ella Amanda Printzenhoff made a deposit of her own money in the West Milton State Bank, designating it: "Ella Amanda Printzenhoff or Mrs. Ellen Romig." On the death of Ella Amanda Printzenhoff the account was claimed by Ellen Romig as the survivor of a joint tenancy therein.
The court below determined as a matter of law that under the evidence submitted there was no right of survivorship and directed a verdict for the defendants. The proofs failed to establish a joint tenancy and the case is ruled by Zellner's Est., 316 Pa. 202, 172 A. 715.
The assignments of error relating to the court's exclusion of certain testimony offered by plaintiff are without merit and are accordingly dismissed.
Judgment affirmed.