Estate of Elke Dayen

Opinion by

Trexler, J.,

Elke Dayen died December 24, 1927, intestate, leaving to survive her a husband and father and no children. At the time of her death, she had in a savings bank account over nine thousand dollars and a mortgage of one thousand dollars.

At the audit of the administrator’s account, the surviving husband, the appellant, claimed the bank balance and the mortgage, contending that the decedent was a mere custodian of them for him. The lower court rejected the claims, awarding the husband five thousand dollars, to which he was entitled under the intestate laws, and divided the…