Appeal in estate litigation concerning whether funds in joint bank accounts with right of survivorship formed part of the deceased's estate or were held for the benefit of all five children.
Applying the framework in Pecore, the court held the presumption of resulting trust was rebutted by evidence that the deceased intended an immediate inter vivos gift of the beneficial right of survivorship to all of his children, with the legal holders of the accounts holding that right in trust for them equally.
The court declined to entertain a new secret trust argument raised for the first time on appeal.
On the cross-appeal, the court held the trial judge erred in refusing estate indemnification, because the litigation was required for the proper administration of the estate and was caused by the testator's own arrangements.
A blended costs order was appropriate.
