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Plaintiff successfully rebuts presumption of depositor's intent to vest title to jointly held accounts in the surviving joint owner

In an order in lieu of granting leave to appeal, the court vacated the part of the Court of Appeals opinion (see e-Journal # 56182 in the 1/28/14 edition) affirming the trial court's ruling that the plaintiffs sufficiently rebutted the statutory presumption of a depositor's intent to vest title to jointly held accounts in the surviving joint owner. The statutory presumption arose in this case "based on evidence that the decedent created and maintained the accounts until her death." The Court of Appeals stated that "the statutory presumption . . . can be rebutted by competent evidence." However, while "a party challenging the statutory presumption certainly must proffer competent evidence, the relevant question is whether the party has met its burden of proof to overcome the statutory presumption by providing reasonably clear and persuasive proof of a contrary intention." The court remanded the case to the Court of Appeals "for application of the proper standard." It denied leave to appeal in all other respects because it was not persuaded that it should review the remaining issue presented.

Antenuptial agreement held to be valid and enforceable

The court held that the parties' antenuptial agreement was valid and enforceable, concluding that to invalidate it on the basis of one party's fault would contravene the agreement's clear and unambiguous language, and that as a matter of law, the...

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