Estate of Gaffney

Citations

• 146 Pa. 49
• 23 A. 163
• 1892 Pa. LEXIS 1192

Syllabus

<p>1. A decedent in Ms lifetime made a bank deposit to the credit of himself as “ trustee for Polly McKim; ” and at the time of his death the deposit so stood, both upon Ms pass book and upon the books of the bank. Prima facie, Polly McKim was entitled to the fund, though the pass book might not have been delivered to her: Smith’s Est., 144 Pa. 428.</p> <p>2. The bank having paid the money to the decedent’s executor, who accounted for it in Ms settlement, the beneficiary was entitled to recover the fund on presenting a claim therefor on distribution in the Orphans’ Court; such claim being the equivalent of an action against the executor for money had and received.</p>