Potts v. Emerick

This contest over joint bank account funds, between the estate of the deceased depositor and the designated account survivor, has a novel feature. Some years after the trust accounts were established, the beneficiary of the trust accounts promised the settlor to use the funds to be acquired by survivorship for purposes specified in the settlor’s will. The beneficiary now repudiates that promise. We shall hold that the settlor’s testamentary estate is entitled to relief by way of a constructive trust.

Rose H. Timbrook (Timbrook), a widow of Cumberland, Allegany County, died there on July…