Franklin v. Anna National Bank of Anna
Illinois Court of Appeals
488 N.E.2d 1117 (1986)
Whitehead added his caretaker Goddard to a bank card permitting either to withdraw from his savings account, with the card's reverse stating the funds were owned jointly with survivorship rights; Goddard never used the account, but Whitehead reportedly told her she should have the funds if she outlived him. Whitehead later tried to substitute a different caretaker, Franklin, for Goddard on the account. After Whitehead died, Franklin, as executor (plaintiff), sued the bank, which interpleaded Goddard (defendant), each claiming the account funds — Franklin for the estate, Goddard as surviving joint owner. The trial court ruled for Goddard.
Whether a joint tenancy with right of survivorship is created when a person executes a joint tenancy instrument but did not actually intend to make a gift to the named joint tenant.