Franklin v. Anna Bank.doc - Franklin v Anna Bank Brief Fact Summary Frank A Whitehead created a joint bank account with Cora Goddard and later changed

Franklin v. Anna Bank.doc - Franklin v Anna Bank Brief Fact...

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Franklin v. Anna Bank Brief Fact Summary. Frank A. Whitehead created a joint bank account with Cora Goddard and later changed the name on the account to plaintiff, Enola Stevens Franklin. Both women provided personal care for Whitehead while he was losing his eyesight. At his death, the circuit court awarded Goddard the funds in the bank account as the joint survivor. Synopsis of Rule of Law. A joint tenancy account presumptively creates a gift unless the party claiming adversely proves by clear and convincing evidence that a gift was not intended. Facts. Whitehead and Goddard went to a bank on April 17, 1978. Goddard signed a signature card for a savings account. According to Goddard, the two went to the bank to have Whitehead's money put in both their names so she could get money when they needed it. She claimed that Goddard wanted her to have the money if she outlived him. The signatures of Whitehead and Goddard appeared on both sides of the card. The name of Whitehead's late wife was "whited out" on the card and Goddard's signature was added. The back of the card stated that all funds deposited are
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  • Spring '17
  • Dr. Zhang
  • Concurrent estate, Cora Goddard

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