In case the depositor dies before the beneficiary without revocation, or some decisive act or declaration of disaffirmance, the presumption arises that an absolute trust was created as to the balance on hand at the death of the depositor.' " Since then, despite some criticism of the rule (see e.g., dissenting opinion of Mr. Justice BELL in Ingels Estate, 372 Pa. 171, 182, 92 A.2d 881), it has become an integrated part of our jurisprudence and has been applied time and again by our appellate courts and courts of first instance. See, inter alia: Tunnell's Estate, 325 Pa. 554, 190 A. 906; Bearinger's Estate, 336 Pa. 253, 9 A.2d 342; Brown v. Monaca Federal Savings and Loan Association, 352 Pa. 1, 42 A.2d 50; Shapley Trust, 353 Pa. 499, 46 A.2d 227; Vierling v. Ellwood City Federal Savings Loan Association, 356 Pa. 350, 52 A.2d 224; Pozzuto's Estate, 124 Pa. Super. 93, 188 A. 209; Downey v. Duquesne City Bank, 146 Pa. Super. 289, 22 A.2d 124; Gorgas' Estate, 147 Pa. Super. 319, 24 A.2d 171; Banca D'Italia Trust Company v. Giordano, 154 Pa. Super. 452, 36 A.2d 242. Our decisions have repeatedly acknowledged the New York origin of the rule and have adverted to the reports of that state for guidance in exploring its many ramifications.
For edification purposes, we note that prior to 1976 the tentative or revocable trust was permissible but was limited to bank accounts in Pennsylvania and was created when one deposited money to his or her own name in trust for another. See Ingels Estate, 372 Pa. 171, 92 A.2d 881 (1952); 3 Remick's Pennsylvania Orphans' Court Practice § 25.03(b)(9), at 295 (Rev. 1978). In 1976, the Legislature extended the law to embrace certificates of deposit under the "tentative" trust doctrine.
No power of revocation is reserved in the deed of trust. In Ingel's Estate, 372 Pa. 171, 176, it is held: ‘ * * * trusts are irrevocable unless a power of revocation is expressly reserved: * * * ’
No power of revocation is reserved in the deed of trust. In Ingel's Estate, 372 Pa. 171, 176, it is held: "* * * trusts are irrevocable unless a power of revocation is expressly reserved: * * *"
In the absence of a sufficient manifestation of intent, consistent with a majority of other jurisdictions, Pennsylvania's common law reflected a presumption of irrevocability. See In re Ingels' Estate, 372 Pa. 171, 176, 92 A.2d 881, 883 (1952). See generally 20 Pa.C.S. § 7752 (Uniform Law Comment) ("Most states follow the rule that a trust is presumed irrevocable absent evidence of contrary intent.").
Joint accounts are occasionally referred to as a "poor man's will." In re Ingels' Estate, 372 Pa. 171, 92 A.2d 881 (Pa. 1952). See also Robinson v. Delfino, 710 A.2d 154 (R.I. 1998) (joint bank accounts often referred to as "poor man's will" and are most often employed by persons with small estates); Blanchette v. Blanchette, 362 Mass. 518, 287 N.E.2d 459 (Mass. 1972) (joint stock account).
To overcome this presumption of revocability, one must produce evidence of "clear and unambiguous language or conduct" which demonstrates an intent to create something other than a revocable trust. Ingels' Estate, 372 Pa. 171, 92 A.2d 881 (1952). In McGary's Estate, 355 Pa. 232, 49 A.2d 350 (1946), this Court held that a settlor's notifying the beneficiaries of the opening of the trust accounts, delivery of the passbooks to the beneficiaries, statements that the funds contained in the accounts were gifts, and failure to withdraw money for her own benefit subsequent to these acts and declarations were sufficient to manifest an intent to create irrevocable trusts.
The writer of this Opinion has in the past disagreed with this doctrine, and still does. See my dissenting Opinion in Ingels Estate, 372 Pa. 171, 180, 92 A.2d 881. The appellant-executor advances several facts and circumstances which he contends evidence the decedent's intent to create irrevocable trusts: (1) when opening the accounts, decedent refused to sign the revocable trust clause on the reverse side of the savings and loan associations' agreements (or signature cards) of deposit, saying, "I will not sign anything unless Mr. Bell reads it first"; (2) there were no principal withdrawals from any of the five savings accounts during decedent's lifetime; (3) the decedent did not include in her Federal Income Tax return the interest on these savings accounts; and (4) at least two of the accounts were established in the presence of Holland R. Sayre, a beneficiary.
Where property of any kind (with exceptions hereinafter discussed) is placed in the name of the donor or settlor in trust for a named beneficiary, unless a power of revocation is expressly or impliedly reserved, the general principle of law is well settled that such facts create a trust which is prima facie irrevocable.Ingels Estate, 372 Pa. 171, 92 A.2d 881; Fishblate v. Fishblate, 238 Pa. 450, 457, 86 A. 469; Rambo v. Pile, 220 Pa. 235, 69 A. 807; Merigan v. McGonigle, 205 Pa. 321, 54 A. 994; Gaffney's Estate, 146 Pa. 49, 23 A. 163; Scott on Trusts, 2d Ed., Vol. III, Sec. 329A, page 2391, Sec. 330, page 2393. Moreover, the authorities are in accord that the actual intention of the donor or settlor is so uncertain, that it may be shown by parol evidence.
The mere handling of a bank book, though accompanied by words showing an intention of making a gift, is not a sufficient delivery to constitute a valid gift of the account: Walsh's Appeal, 122 Pa. 177, 15 A. 470; Grigonis's Estate, 307 Pa. 183, 160 A. 706; Kata Estate, supra; Estate of Lewis H. Eshenbaugh, Deceased, 114 Pa. Super. 341, 174 A. 809. Tentative trusts need not be considered herein as this doctrine has never been extended to any property other than a savings account, where the donor with his own money opens such an account in his own name in trust for the donee: Ingels Estate, 372 Pa. 171, 177, 92 A.2d 881, and the many cases therein cited. It, therefore, follows that in order to make a valid inter vivos gift of the contents of a safe deposit box there must be an actual delivery of the contents, or the delivery of a key to the box, to divest donor of his dominion over the property and invest the donee with ownership, possession and control.