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TOMAYKO v. CARSON

368 Pa. 379 (1951)

Tomayko v. Carson, Appellant.

Supreme Court of Pennsylvania.

October 3, 1951.

Attorney(s) appearing for the Case

Charles C. Arensberg and Adolph L. Zeman, with them Patterson, Crawford, Arensberg & Dunn, Robert L. Zeman, Zeman & Zeman, Howard F. Carson and William S. Yard, for executors and legatee, appellants.

George B. Stegenga, with him Bloom, Bloom & Yard, for legatee, appellant.

Clarence O. Devore, for appellee.

Before DREW, C.J., STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE ALLEN M. STEARNE, October 3, 1951:

The question is whether the claimant, appellee, has established ownership to corporate stock which was in the name of a decedent, and unendorsed, found after the death in a safe deposit box which was in the names of both decedent and claimant. The proof chiefly relied upon by claimant consists of declarations alleged to have been made by decedent that he had given the...

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