Qualters' Estate

Supreme Court of Pennsylvania January 4, 1892

Qualters' Estate, 147 Pa. 124 (Pa. 1892)

23 A. 348; 1892 Pa. LEXIS 795

Ctjeiam, Green, Mitchell, Paxson, Sterrett, Williams

Opinion of the Court

Pee Ctjeiam,

If the money in controversy really belonged to the appellant, and had been included in his account as administrator of his wife’s estate, by mistake or through ignorance of his rights, the court below would doubtless have allowed him to withdraw it from said account: Marshall v. Hoff, 1 W. 440; Miller’s Ap., 84 Pa. 391; High’s Est., 136 Pa. 236. The difficulty is the appellant has failed to establish a trust. Prima facie the money belonged to appellant’s wife in whose name it had been deposited, and the presumption thus raised has not been overcome.

The decree is affirmed, and the appeal dismissed at the cost of the appellant. C.

Reference

Full Case Name: Qualters' Estate. Qualters' Appeal
Cited By: 14 cases
Status: Published
Syllabus: Presumption as to money in bank in wife's name. Money deposited in a bank in the name of a wife is prima facie the aoney of the wife. When claimed by her husband, on her decease, the urden is on him to overcome the presumption by proof that it was his property, and in this instance the evidence submitted was insufficient for that purpose. Mistake — Correction of account. If the money in controversy really belonged to the husband, but was •charged in his account as administrator of his wife by mistake or in ignorance of his rights, the court might have permitted him to withdraw it from the account: Marshall v. Hoff, 1 W. 440; Miller’s Ap., 84 Pa. 391 ; High’s Est., 136 Pa. 236.