Estate of Staib

Citations

• 11 Pa. Super. 447
• 1899 Pa. Super. LEXIS 155

Syllabus

<p>Executors and administrators — Surcharge for failure to collect interest.</p> <p>The mere fact that a bank had for some years credited the balance of an account on deposit with interest, and that for eight years prior to death of depositor it had ceased such credit, does not raise such a clear presumption of liability for interest after the date when it ceased to so credit interest as would warrant a surcharge of the administrator.</p> <p>Banks and hanking — Deposit—Estoppel—Evidence.</p> <p>The presumptive title to a deposit in bank is in the person in whose name it stands. The burden of proof is on any one’claiming it from the administrator.</p> <p>Where the claimant was a partner in the bank which had credited the depositor with interest on its deposit and which paid over the money to depositor’s administrator, the presumptions arising from such acts and omissions must be overcome to establish a claim against the prima facie ownership of the decedent, based on an alleged general assignment to the claimant made many years before, during which time the assignee was aware of the existence of a deposit by the assignor with the banking firm of which the assignee was a partner.</p>