Simonich v. Wilt

The opinion of the court was delivered by

Schroeder, J.:

This is an action at law instituted by the executrix of an estate claiming as an asset of the decedent’s estate moneys in a joint tenancy bank savings account standing in the names of the decedent and Madena Wilt (defendant-appellant). The case was tried to the court and appeal has been perfected by the defendant from an adverse judgment, holding the joint tenancy bank account was impressed with an oral trust on behalf of the devisees and legatees under the will of the decedent.

The primary question in this case is whether the competent…