Miller v. Riegler

243 Ark. 251, 419 S.W.2d 599 (1967)

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Nature of the Case

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Facts

The decedent was an aunt of both of the parties. Several years before her death, decedent moved in with D, paying D $100 a month in rent. Decedent later entered a nursing home. Decedent used her own money to open a joint checking account in her and D's names, and she placed some of her personal property in a safe deposit box maintained in her and D's names. A few months after moving in with D, decedent executed her will. A few days later, she transferred stock which she owned to herself and D. The stock certificates reflected the owners of the stock to be decedent and D 'as joint tenants with right of survivorship and not as tenants in common.' It was agreed that decedent would receive the dividends from the stock during her life: dividend payments were deposited into the joint checking account as received. D was also named as executrix of decedent's estate. After decedent's death, D included the money in the checking account as part of the estate but claimed absolute ownership of the stock. P filed suit, claiming that the stock was owned solely by decedent, should have been included in the estate, and that P was entitled to half of its value. D argued that the stock was a gift to her and that P had no interest in it. The lower court found that the stock was the property of D in fee simple. P appeals, arguing that the transfer was not intended as a gift to D and that the conveyance was not legally sufficient to create a joint tenancy.