In Re Estate of Kaplan

This consolidated appeal, which arises out of the probate of the estate of Celia Kaplan, presents the following issues: (1) whether a 1937 will constituted a joint and mutual will; and (2) whether a joint account established by Celia Kaplan was proved to have been a joint tenancy of convenience rather than a true joint tenancy.

On December 9, 1937, Morris and Celia Kaplan executed a one-page testamentary instrument which provided in its entirety as follows:

“LAST WILL AND TESTAMENT OF MORRIS A. KAPLAN AND CEL F. KAPLAN

KNOW ALL MEN BY THESE PRESENTS that we Morris A. Kaplan and CeL E Kaplan,…