Lawwly

In re Estate of Gladowski

Pennsylvania Supreme Court

396 A.2d 631 (1979)

Relevant factsFree

Joseph Gladowski opened a savings account jointly with his daughter Ann Mazuran (defendant), with survivorship rights, funding it solely with his own money; Mazuran admitted the account was created purely for convenience, so she could manage her father's finances once he became physically unable, though she also claimed Gladowski later decided (sometime before 1970) that she should "have everything." Gladowski's 1975 will, however, left his estate's residue equally among his seven children, and three of those children (plaintiffs) sought a ruling that the joint account's proceeds should be split equally among all seven; the trial court instead awarded the account to Mazuran as surviving joint tenant, finding Gladowski had gifted her the funds during his lifetime, and the three children appealed.

IssueFree

Whether the mere opening of a joint bank account creates a conclusive presumption of a completed inter vivos gift to the joint accountholder, or only a rebuttable presumption that may be overcome by clear and convincing evidence the account was created for a different purpose.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases