Nathan I. RAIKEN, Co-Executor of the Estate of Martin C. Mellon, Deceased, and Nancy Erhardt, Co-Executor of the Estate of Martin C. Mellon, Deceased, Appellants, v. Jane MELLON, Appellee, 399 Pa. Super. 192

Summary

Appellee decedent's widow and decedent signed a prenuptial agreement before their marriage that restricted the conversion of separately-held property into jointly-held property. During the marriage, decedent and appellee purchased real estate and bonds jointly. After decedent's death, appellee claimed full ownership of the real estate and bonds, and appellant executors sought a one-half share of the property. The trial court granted summary judgment in favor of appellee. On appeal, the court noted that the prenuptial agreement was silent regarding newly-acquired joint property, and did not expressly prohibit the creation of joint interests. The trial court acted within its discretion in concluding that the prenuptial agreement did not prohibit the creation of jointly-held interests in property. The court further determined that the tenancy created in the property was tenancy by the entireties, as indicated by the real estate deed and the title to the bonds. The court affirmed the ...