Blick v. Cockins

Citations

• 252 Pa. 56
• 97 A. 125
• 1916 Pa. LEXIS 568

Syllabus

<p>Trusts and trustees — Trustee ex maleficio — Decedents’ estates— Banh account in name of husband and wife — Rights of survivor— Property purchased from joint funds — Mortgages—Interest—Apportionment.</p> <p>1. Where a husband and wife have bank accounts in their joint names “subject to the order of either or survivor” and moneys are deposited by each of them, or entirely by the wife, such deposit amounts to a gift to the husband and wife jointly, with the right of survivorship, and on the death of the wife the amount on deposit becomes the sole property of the husband.</p> <p>2. In such case bonds purchased during the lifetime of the wife with funds so deposited became on her death the sole property of the husband, but a bond purchased by the wife by checks upon one of her separate accounts is the property of the wife, although it was understood between the husband and wife that it was to he their common property, in the absence of some act of the wife showing that the ownership of the bond was other than in herself.</p> <p>3. Where a husband who is given a life estate in his wife’s property by her will collects a payment of interest on a mortgage which became due after her death, but a part of which was earned before her death, he was properly held trustee ex maleficio as to the interest accrued prior to her death.</p>