BIRNBAUM ESTATE

No. 1057 of 1967.

43 Pa. D. & C. 2d 792 (1968)

Birnbaum Estate

Common Pleas Court of Philadelphia County, Pennsylvania.

February 19, 1968.


Attorney(s) appearing for the Case

Fox, Rothschild, O'Brien & Frankel and Israel Packel, for exceptant.

Walter B. Gibbons, contra.

Before Klein, P. J., Bolger, Lefever, Saylor, Shoyer and Burke, JJ.


SHOYER, J., February 19, 1968.

The beneficiary of a tentative trust, which was withdrawn by testator in his lifetime, makes claim to the sum of $10,000, which had been maintained in the savings account for a period of years. The auditing judge found as a fact that decedent had no intention to make the savings account irrevocable and dismissed the claim. To this finding, and also the ruling of the court excluding the testimony of claimant, exceptions have been filed...

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