IN THE MATTER OF THE ESTATE OF AURELIA DEFRANK, DECEASED
A-4622-11T2
In this estate litigation, the court reversed 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.
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