Messersmith v. Delaware Trust Company

SEITZ, Chancellor:

This is a dispute over the disposition of the proceeds of a so-called joint checking account and a joint savings account in the Delaware Trust Company (“Bank”).

Michael D. McMonigle (“Michael”) executed the two account cards along with the plaintiff, who was his nephew by marriage. Thereafter Michael died and a dispute arose concerning the proper disposition of the proceeds of the accounts. Plaintiff then brought this action against the Bank seeking payment of such proceeds “so that said funds may be held in trust for the benefit of the Settlor’s [Michael] son, to wit,…