Cotton v. Ostroski

Robert R. Elliott III (Robbie) appeals the trial court’s finding that Janice Lea Elliott lacked the requisite mental capacity to remove her name from a jointly held certificate of deposit and the trial court’s order which reinstated Janice’s name to the certificate of deposit. Renee Elliott Ostroski cross-appeals.

SCOPE OF REVIEW

An action alleging lack of mental capacity to effect a change in the ownership of a jointly held certificate of deposit sounds in law and not in equity. As such, the trial court’s factual findings will be upheld unless they are clearly wrong. See Peterson v. Peterson,…