McHale v. Toole
Supreme Court of Pennsylvania
Appeal, No. 11, Jan. T., 1917, by defendant, from decree of C. P. Luzerne Co., May T., 1916, No. 10, in equity, for plaintiff, in case of Mary McHale, Administratrix, v. Margaret Toole and the Miners Bank of Wilkes-Barre. Bill in equity to require defendant to pay to plaintiff a sum of money alleged to be held by defendant for tbe use of plaintiff’s decedent. Before Fuller, P. J. The opinion of tbe Supreme Court states tbe facts. Tbe court awarded tbe relief prayed for.
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Appeal, No. 11, Jan. T., 1917, by defendant, from decree of C. P. Luzerne Co., May T., 1916, No. 10, in equity, for plaintiff, in case of Mary McHale, Administratrix, v. Margaret Toole and the Miners Bank of Wilkes-Barre. Bill in equity to require defendant to pay to plaintiff a sum of money alleged to be held by defendant for tbe use of plaintiff’s decedent. Before Fuller, P. J. The opinion of tbe Supreme Court states tbe facts. Tbe court awarded tbe relief prayed for. Defendant appealed. among others, was tbe decree of tbe court.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is an appeal from tbe decree of tbe court below awarding to tbe plaintiff, as administratrix of tbe Estate of Beezie McHale, a sum of money wbicb bad been deposited by Beezie McHale in tbe Miners Savings Bank of Wilkes-Barre, but wbicb, shortly prior to her death, bad been transferred to an account in tbe name of Margaret Toole. Tbe latter claimed tbe fund as a gift mortis causa. From tbe facts found by tbe court below it appears that Beezie McHale was in falling health and decided to go to a hospital. Desiring to provide for her expenses there from tbe money…
2Cases cited1 opinion
- Appeal of WalshSupreme Court of Pennsylvania · 1888
3Cited by8 opinions
- Elliott's EstateSupreme Court of Pennsylvania · 1933
- Titusville Trust Co. v. JohnsonSupreme Court of Pennsylvania · 1953
- Blose EstateSupreme Court of Pennsylvania · 1953
- Estate of Clarence v. Elliott, Dec'd.Superior Court of Pennsylvania · 1934
- Wilkins v. WoodruffDistrict of Columbia Court of Appeals · 1950
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