Flanagan v. Nash

Citations

• 185 Pa. 41
• 39 A. 818
• 1898 Pa. LEXIS 666

Syllabus

<p>Evidence — Witness—Parly dead — Act of May 28, 1887, section 5, clause e, P. L. 158.</p> <p>Where a deceased person, in her lifetime, deposited money in a savings fund in the joint name of herself and another person, such other person, in an action against him by the administrator of the deceased to recover the deposit, is not a competent witness as to what took plaoe between him and the deceased in regard to the fund in controversy.</p> <p>Gift — Gift inter vivos — Donatio mortis causa — Bank deposit — Delivery.</p> <p>Where a person deposits his own money in a savings fund in the joint name of himself and another, under a stipulation in the deposit book that either may draw the fund, or the survivor may draw it, the other person after the death of the owner of the fund cannot, in the absence of any other evidence, establish title to the fund, either as a gift inter vivos, or as a donatio mortis causa.</p>