IN THE MATTER OF THE ESTATE OF AURELIA DEFRANK,
DECEASED
A-4622-11T2
In this estate litigation, we reverse the grant of
summary judgment in favor of one of decedent's two
daughters as against the other, holding that in rebutting
the presumption of survivorship when a party to a joint
bank account dies under the Multiple Party Deposit Account
Act, N.J.S.A. 17:16I-1 to -17, evidence of events occurring
after the creation of the joint bank accounts may relate
back to, and be indicative of, the decedent's intent at the
time the accounts were established. Moreover, where a
party's state of mind, intent, knowledge or credibility is
in issue, as here, summary judgment is ordinarily
inappropriate. 11-15-13
DECEASED
A-4622-11T2
In this estate litigation, we reverse the grant of
summary judgment in favor of one of decedent's two
daughters as against the other, holding that in rebutting
the presumption of survivorship when a party to a joint
bank account dies under the Multiple Party Deposit Account
Act, N.J.S.A. 17:16I-1 to -17, evidence of events occurring
after the creation of the joint bank accounts may relate
back to, and be indicative of, the decedent's intent at the
time the accounts were established. Moreover, where a
party's state of mind, intent, knowledge or credibility is
in issue, as here, summary judgment is ordinarily
inappropriate. 11-15-13
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