In re Estate of Hannah Mailman

In re Estate of Hannah Mailman

Where the depositor originally owned the funds, the legal presumption is against creation of a joint tenancy by placing them in a joint bank account; a bank's printed joint account form and ambiguous parol testimony from the surviving spouse were insufficient to rebut that presumption, therefore the account balance remained part of the deceased's estate and must be inventoried.

Citation
[1941] SCR 368
Parties
Appellant; Administrator of Estate: George B. Mailman; Deceased (intestate): Hannah Mailman; Respondent; Next of Kin (sister): Mary Veniot
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 June 1941
Procedural Posture
Probate/estate Appeal (supreme Court) / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia in Banco
Outcome
Appeal dismissed
Legal Topics
Joint Tenancy, Right of Survivorship, Presumption Against Creation of Joint Tenancy, Construction of Bank Joint Deposit Agreement, Donatio Mortis Causa, Administrator Accounting
Source Language
English
Family Law Succession/estates Property Law Banking Law Trusts and Equity Joint Tenancy Right of Survivorship Presumption Against Creation of Joint Tenancy +3 more

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Parties

George B. Mailman

Appellant; Administrator of Estate

Hannah Mailman

Deceased (intestate)

Mary Veniot

Respondent; Next of Kin (sister)

Procedural Posture

Probate/estate Appeal (supreme Court) / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia in Banco

Legal Issues

  1. 1 Whether funds deposited by the wife in a joint account vested in the surviving husband as joint tenant
  2. 2 Whether the printed bank joint deposit agreement created a present joint tenancy or merely an authority to withdraw
  3. 3 Whether parol evidence or delivery of the passbook constituted a gift inter vivos or donatio mortis causa

Ratio Decidendi

Where the depositor originally owned the funds, the legal presumption is against creation of a joint tenancy by placing them in a joint bank account; a bank's printed joint account form and ambiguous parol testimony from the surviving spouse were insufficient to rebut that presumption, therefore the account balance remained part of the deceased's estate and must be inventoried.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Registrar of Probate ordered to add the joint account balance to the inventory of the estate and the administrator to account for it