Estate of Krempasky
Pennsylvania Supreme Court
501 A.2d 681 (1985)
- Written by Jose Espejo , JD
Facts
On June 8, 1979, at 2:45 p.m., Elizabeth Krempasky died. Krempasky’s will devised the residue of her estate to her niece, Lydia Elizabeth Vrablova Wanamaker (plaintiff), who was also the executrix of the will. Krempasky had four bank certificates of deposit worth $5,000 each, which were kept in a metal box at her home. Wanamaker did not find the certificates of deposit in the metal box. Wanamaker discovered that on the day of Krempasky’s death, the name of Anna A. Parana was added to the certificates by the bank pursuant to an authorization form that was signed by Krempasky, prepared by Parana, and brought to the bank by Parana. Based on the testimony of a bank official, the authorization form was brought to the bank between 3:00 p.m. and 4:00 p.m. on the day of Krempasky’s death. Wanamaker, as executrix, filed a petition requesting that the certificates be returned to the estate as estate property. The probate court denied the petition and directed a verdict in favor of Parana. Wanamaker appealed.
Rule of Law
Issue
Holding and Reasoning (Watkins, J.)
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