POST EST. v. COM. BANK & TRUST CO.


500 Pa. 420 (1983)

456 A.2d 1360

In re Judson POST ESTATE, Helen Erb, Executrix v. COMMONWEALTH BANK AND TRUST COMPANY. Appeal of Eugene MARRONE, Interpleaded Party Plaintiff.

Supreme Court of Pennsylvania.

Decided March 16, 1983.


Attorney(s) appearing for the Case

Robert J. Landy, Sayre, for appellant.

Michael J. Dowd, Sayre, for appellee.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.


OPINION OF THE COURT

McDERMOTT, Justice:

This is a claim for the contents of a decedent's safe deposit box. Appellant contends a gift inter vivos.

We have often stated that a gift among the living must be intentionally made by a delivery of the subject matter of the gift to the donee by the donor; a delivery, actual or constructive, that puts the subject matter beyond the control of the donor.

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