Parkhurst Estate

— I fully agree with the learned hearing judge’s refusal to decide Charles Parkhurst’s claim upon the merits, and the decision of this court to dismiss his exceptions.

I disagree, however, with their decision that the stock certificates, registered in the names of decedent and claimant-exceptant Rae Fischer “as joint tenants with right of survivorship and not as tenants in common” belong to decedent’s estate. In my view, they are the property of claimant and should be awarded to her. Hence, this opinion.

The crucial question is whether decedent made a valid gift inter vivos to Rae Fischer of a…