Foltz v. First Trust & Savings Bank

McCOMB, J.

Plaintiff appeals from a judgment in favor of defendants predicated upon the sustaining of defendants’ demurrer to the first amended complaint.

It was alleged in plaintiff’s complaint, as amended, that he was a second cousin of Bobert Pitcairn, deceased; that prior to decedent’s death, his mother, who was an affluent person, had an altercation with her son and threatened to disinherit him. The plaintiff interceded with the mother on behalf of her son (decedent) with the result that upon her death she left her son a substantial portion of her estate. On February 17, 1946, decedent wrote plaintiff a letter reading as follows:

“Dear Bob: In reply to yours of the 9th., I will start in March between the 15th. and 30th. each quarter, that is, in March, June, Sept, and Dec. and send you a cheek for $210.00

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or $840.00 per year. That will give you, with your Social Security and pension, $1,354.56 income a year or a little better than $112.00 a month and we see how 'that works out. If I send your check every three months it makes it simpler for me than monthly and it just happens that I have more cash on hand in March, June, Sept, and Dec. than at other times. I hope this is sufficient to carry you along without causing you any hardship. I may turn this into an annuity later, but have not had time yet to investigate the matter.

“I note what you say about the Cemetary lot and will wait until I hear from you.

“I don’t think I will forget to send check, but if I should do so, write me a note and be sure to keep me posted on any change in your address.

‘If I ever come to Pittsburgh, will surely get in touch with you, but I cannot see any prospect of my coming East in the near future. On second thought I enclose first check and caution you not to blow it all in at once, as the next check will not arrive until June.

“With love to you both, your cousin

Robert Pitcairn”

It is further alleged that decedent did not make any provision, either by will, trust or annuity to pay plaintiff the $70 per month referred to in the above letter. The complaint then seeks in the prayer a judgment against defendant bank as executor of decedent’s estate, and defendant McComb as the sole legatee and devisee under Robert Pitcairn’s last will and testament.