Franklin v. Anna National Bank Of Anna

140 Ill. App. 3d 533, 488 N.E. 2d 1117 (1986)

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Nature of the Case

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Facts

Decedent added Goddard (D) to the signature card of his savings account. The signature card provided that the funds in the account were owned by the signatories as joint tenants with right of survivorship. D never deposited or withdrew funds from the account. Later, decedent delivered a letter to the bank indicating that he wished to change his accounts to have his caretaker, Stevens (later Franklin) (P) added as a joint tenant. A second letter to the bank indicated that P was to have access to decedent's lockbox and checking and savings accounts to take care of decedent's bills. Bank employees testified that the names on a signature card would not be changed on the basis of such letters. The most recent signature card still bore D's signature. After decedent's death, P filed suit on behalf of the estate, claiming that the savings account was the property of the estate. The bank interpleaded D, who claimed the funds as joint tenant of the account. P appeals, arguing that decedent did not intend to make a gift of the account to D, and she is therefore not a joint tenant.