Beniger Estate

Opinion by

Mr. Chief Justice Jones,

Joseph Beniger died intestate on September 2, 1971. Certain events which occurred prior to his death give rise to the present controversy.

On July 20, 1971, Jennie M. Kovacs, appellee, petitioned the Orphans’ Court Division of the Westmoreland County Court of Common Pleas to declare her father, Joseph Beniger, an incompetent. At this time there existed two joint bank accounts in the names of Joseph Beniger or Jennie M. Kovacs, as joint tenants with right of survivorship and right of withdrawal. One was a checking account with the Southwest National Bank of…