Hannah v. Hannah

LEIBSON, Justice.

Movant, Gertrude Hannah, brought an action against her deceased husband’s brother to recover $50,000 that her husband had transferred to a joint bank account in his name and his brother’s name. The money belonged to the decedent, and the transfer occurred after the marriage. The widow’s suit was based solely on the theory that the transfer was an oral trust for her benefit. The trial court held otherwise.

She also argued, although not as part of the pleadings, that she should have the right to rescind the transaction based on the claim that the transfer was made with the…