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In re Estate of Evans

Pennsylvania Supreme Court
356 A.2d 778 (1976)

Written by Sean Carroll, JD

Facts

Arthur Evans was in and out of the hospital in the months leading to his death. Vivian Kellow (plaintiff), the niece of Evans’s deceased wife, cared for Evans until he died. About one month prior to his death, Evans had a friend drive him to the bank to obtain the keys to his safe-deposit box. Evans gave the keys to Kellow and told her that the contents of the box were hers. Evans also told other people that he had given the contents of the box to Kellow. Kellow told other people the same and actually showed other people the keys, which she had placed under her mattress. The safe-deposit box remained registered in Evans’s name. Upon Evans’s death, Kellow relinquished the keys to the bank while claiming that the contents of the box had been given to her. At trial, Kellow claimed that the contents of the box were hers. The lower court ruled that a valid inter vivos gift had not occurred. As a result, the court included the contents of the safe-deposit box in Evans’s estate. Kellow appealed.

Rule of Law

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Issue

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Holding and Reasoning (Nix, J.)

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Dissent (Roberts, J.)

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