
    No. 733
    WALTBILLIG, Admr., v. BURKE et al
    Ohio Appeals, Third District, Crawford County
    No. 966.
    Decided March 23, 1923.
    This opinion has not been published except in Abstract.
    170. ESTATES.
    Facts showing that deceased’s account in railroad saving fund was part of his estate.
   HUGHES, J.

Epitomized Opinion

In 1907 Burke, a passenger brakeman on the Pennsylvania R. R. System, became a depositing member of the Employees’ Saving Fund of the Pennsylvania E. E. He ' later died testate, leaving his wife sole beneficiary under his will. His wife died before his account in this Savings Fund had been paid out by the Company. In his application for membership in this fund, he agreed that in the event of his death, all deposits to his credit should be paid to his wife. According to the rules of the Company all deposits made were with-drawable at any time and were considered as the absolute property of the depositor. This action was brought by the administrator of Burke’s wife to recover this sum from Burke’s heirs. It was claimed by the administrator that the fund could not be considered as coming from Burke, but as coming directly to his wife under a contract. The lower court, however, held that the fund was a part of Burke’s estate. In sustaining the judgment of the lower court, the Court of Appeals held:

Attoneys — W. J. Geer, for Waltbillig; Scroggs & Monnett and Babst & Glesser, for Burke.

1. In view of the nature of the deposit, the fund was property of Burke, and when it passed on to his wife it was still property coming from his estate.  