O'Rourke v. O'Rourke

Otis, Justice.1

This is an action by the administrator of the estate of Minnie O’Rourke to recover certificates of deposit representing the proceeds of bank accounts decedent jointly held with defendant during her lifetime. The beneficiaries of the estate are defendant and two other sons of decedent. The jury found that defendant procured the joint accounts by means of undue influence. The trial court initially adopted the jury’s findings. Thereafter the court granted defendant judgment notwithstanding the verdict with the provision that if the judgment was reversed defendant was to have a new…