Estate of Spiess v. Schumm

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

This appeal involves funds held in a payment on death (POD) account established by the decedent, Elmer Spiess. The appellant, Frank Schumm, was named on the account agreement as beneficiary.

Following a trial to the court, judgment was entered determining Spiess intended that Schumm was only to be trustee of a trust account, and that the funds in the POD account were to be distributed to Spiess’ heirs. The court therefore imposed a constructive trust upon the funds in the POD account.

Schumm brought a timely motion for a new trial. The motion was…