Lutz v. Orinick

McHUGH, Justice:

The appellant, Linda May Orinick, appeals from a jury verdict in the Circuit Court of Monongalia County finding that certain bank accounts and bonds held jointly by the decedent, Mary Folio, and the appellant were part of the estate of Mary Folio. The appellant contends, among other things, that the trial court erred in instructing the jury that the appellee, Cheryl Lutz, had to prove that Mary Folio had made a mistake in creating the joint bank accounts by a preponderance of the evidence rather than by clear and convincing evidence. We agree, and accordingly, the judgment of…