Opinion
January 11, 1937.
March 22, 1937.
Decedents' estates — Actions against — Burden of proof of claimant — Ownership of account with brokerage firm — Debit balance — Evidence — Findings of lower court — Appellate review.
1. In an action to recover against the estate of a decedent, the burden is upon the claimant to clearly establish his claim. [304]
2. The evidence was sufficient to sustain the findings of the court below that an account with a brokerage firm, nominally in decedent's name on its books, was in fact the account of decedent's son, and the debit balance was the personal obligation of the latter. [304]
3. The findings of the court below, supported by evidence, must be accepted as binding on appeal. [304]
Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 31, Jan. T., 1937, from decree of O. C. Delaware Co., June T., 1935, No. 49, in Estate of Mary J. Winsmore, deceased. Decree affirmed.
Claim against decedent's estate. Before HANNUM, P. J.
Adjudication filed confirming account of executor and disallowing claim. Exceptions to adjudication dismissed and adjudication confirmed. Claimant appealed.
Error assigned, among others, was dismissal of exceptions to adjudication.
James J. O'Brien, of Fox, Rothschild, O'Brien Frankel, with him George T. Butler, for appellant.
J. H. Ward Hinkson, for appellee.
Argued January 11, 1937.
The sole question to be determined on this appeal is whether the ownership of an account with a brokerage firm was in decedent or her son. The court below found from sufficient evidence that this account, nominally in decedent's name on its books, was in fact the account of her son, and that it was opened with that understanding and treated by the firm as his account. It concluded that the debit balance was the personal obligation of her son. These findings are supported by evidence and must be accepted as binding on this appeal: Seidel's Estate, 322 Pa. 142, 143; Pusey's Estate, 321 Pa. 248, 260, 261. As this was a claim against a decedent's estate, the burden rested on appellant to clearly establish it: Donlevy's Estate, 323 Pa. 173, 176.
Decree affirmed at appellant's cost.