Union Trust Co. v. Gilpin

Citations

• 235 Pa. 524
• 84 A. 448
• 1912 Pa. LEXIS 580

Syllabus

<p>Payment — Mistalce—Will—V erdict.</p> <p>1. Where a testator leaves to a trust company called “United States Trust Company” two sums of $10,000 each to be held in trust for two sisters for life with remainder to the survivor in the event that the other die without issue, and by the second paragraph of his will leaves two sums of $10,000 each to a trust company called the “Union Trust Company” in trust for the same two sisters, but with remainder over to other parties in the event of their dying without issue, and after the death of one of the sisters the -Union Trust company through a mistake in reading the will paid the sum of $10,000 to the surviving sister instead of the parties entitled to it under the second paragraph, such sum may be recovered back by the Union Trust Company from the sister to whom it was mistakenly paid.</p> <p>2. In an action to recover such money the court left two questions to the jury, (1) was the payment made by mistake on the part of plaintiff’s officers, and (2) was it caused by inadvertence in reading the first paragraph of the will as the paragraph under which plaintiff was acting as trustee; and was that due to the similarity of the names mentioned in the will. The first question was answered “yes,” the second “no.” Thereupon a third question was submitted, viz: “State what was the character of the mistake?” This was answered “Carelessness of the officers of the Union Trust Company.” The court asked the jury in what particular the officers had been careless, and the foreman said, “in reading the will.” These words were then added to the answer. The court then directed a verdict for plaintiff. Held, that the court committed no erroreither in propounding the questions to the jury, or in directing a verdict for the plaintiff.</p>