In re Estate of Smith
Superior Court of Pennsylvania
694 A.2d 1099 (Pa. Super. Ct. 1997)
Alfred Smith decided to commit suicide. On May 6, 1994, he mailed checks and suicide notes to his sister and his niece (defendants). The next day, he delivered two more checks and suicide notes to his girlfriend and her sister (also defendants) before returning home and killing himself. The four women each cashed their checks. Smith’s wife Jean (plaintiff) became the administratrix of his estate. She asked for the funds from the checks to be returned to the estate. When the four women refused, Jean filed suit to compel the return of the funds. The trial court ruled against her, holding that Smith had made valid gifts causa mortis. She then appealed.
Rule of Law
Holding and Reasoning (Del Sole, J.)
Dissent (Cirillo, J.)
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