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Zigmantanis v. Zigmantanis

Order directing partition of real estate affirmed; parties' father died intestate, and appellants failed to satisfy burden of proving that a parol gift was made to one of the appellants; appellants' testimony was properly excluded under Dead Man's Statute because they failed to present independent testimony establishing prima facie evidence of donative intent.

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OPINION

� 1 This is an appeal from the order entered in the Court of Common Pleas of Schuylkill County directing partition of real estate located at the corners of Tioga and Chestnut Streets in the Village of Tuscarora, Schuylkill County. *fn1 Appellants Joseph and Edward Zigmantanis contend that (1) Appellants proved that the property was given to Appellant Edward Zigmantanis as an inter vivos gift, (2) Appellants proved that George Zigmantanis created a remainder interest in the property on behalf of Appellant Edward Zigmantanis, and (3) the Dead Man’s rule did not prevent the introduction of Appellants’ testimony. *fn2 We affirm.

� 2 The relevant facts and procedural history are as follows: George Zigmantanis and his wife, Barbara Zigmantanis, acquired the subject property on October 1, 1975. Barbara Zigmantanis predeceased her husband, who then died intestate on March 15, 1990, leaving to survive him his three children, Appellee George Zigmantanis, Jr., and Appellants Joseph and Edward Zigmantanis. During their lifetime, neither George nor Barbara Zigmantanis conveyed the property at issue, and George Zigmantanis was the sole owner at the time of his death. On March 25, 1991, Appellee was appointed administrator of his father’s estate, and Appellee made no conveyances of the property while acting in this capacity.

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