Auffert v. Auffert

This controversy between brother and sister concerns their proportionate ownership in a jointly-titled certificate of deposit purchased by their deceased mother. Leo Auffert sued to recover one-half the value of the certificate of deposit cashed by Mary Ellen Auffert. The trial court granted summary judgment in favor of Mary Ellen, finding her to be entitled to all proceeds from the certificate of deposit. Leo now appeals.

We reverse and remand with directions.

Both parties moved for summary judgment. No factual dispute exists.

On January 7, 1981, Rachel Auffert purchased with her solely-owned…