Davis v. Foulkrod

PARMER, Judge.

Alleging undue influence, a personal representative sought to recover the remaining funds then on deposit in financial institution joint survivorship accounts owned at the time of death by the decedent and appellant. The trial judge found that in setting up these accounts the decedent lacked donative intent and did not intend to grant the survivor any interest in the funds on deposit, thereby concluding that the accounts were the subject of undue influence. We reverse.

The facts have a familiar cast. In September 1989, the decedent was an 87 year-old, retired bookkeeper and a…