Nocera v. Lembo

Carmelina Nocera (plaintiff), administratrix of her father’s estate, brought this action against her sister, Eva Lembo (defendant), to recover funds held in a joint banking account. Before his death, Emilio Ricci (Ricci), their father, had established the account payable to either Emilio Ricci or Eva Ricci Lembo, or to the survivor of them. The defendant attempted to prove that the account was a valid gift in praesenti. To that effect she testified that her father gave her the bankbook before he went to the hospital, where he eventually died. In rebuttal, the plaintiff testified that her…