## Facts

- Joseph Gladowski, an elderly widower with significant health problems, lived with and was cared for by his daughter, Ann Mazuran.
- In 1963, Joseph deeded his residence to himself and Ann as joint tenants with right of survivorship and executed a will naming Ann executrix and dividing the residue equally among his seven children.
- In 1966, Joseph opened a savings account titled in the names of “Joseph Gladowski or Mrs. Ann Mazuran as joint tenants with right of survivorship,” funded entirely with Joseph’s money; the account agreement provided survivorship rights.
- The account grew substantially; withdrawals began years later and were signed by Ann. At Joseph’s death in 1976, the balance was $16,226.66.
- In 1975, Joseph executed a second will naming Ann executrix, specifically devising the residence to Ann, and again dividing the residue equally among the seven children.
- Ann testified the account was initially created for convenience so she could manage Joseph’s funds if he became physically unable, not as a present gift; she also testified Joseph later said she should “have everything.”
- The orphans’ court held the joint account belonged to Ann outside the estate as a valid inter vivos gift; three other children appealed.

## Issues

1. Whether the creation and maintenance of the joint savings account established donative intent sufficient to prove a valid inter vivos gift to Ann.
2. Whether evidence that the account was created for convenience rebutted the presumption of donative intent arising from survivorship language.

## Decision

- The Supreme Court of Pennsylvania vacated the decree awarding the account to Ann and remanded.
- The court held that the required donative intent for an inter vivos gift was not proven by clear, precise, and convincing evidence.
- Ann’s testimony that the account was created for convenience rebutted the presumption of donative intent arising from the joint-account form.
- Alleged later statements that Joseph wanted Ann to “have everything” were insufficient to establish a completed present gift of the account.

## Legal Principles

- A joint bank account with right of survivorship creates a rebuttable presumption that the depositor intended a present gift of a survivorship interest to the other named party.
- The presumption may be rebutted by evidence showing the account was created for convenience or that the depositor did not intend to divest ownership when the account was opened.
- A valid inter vivos gift must be proven by clear, precise, and convincing evidence of donative intent and a completed present transfer at the time of the alleged gift.
- A testamentary plan that continues to distribute the residuary estate equally among children may be considered evidence inconsistent with a claimed lifetime transfer of a major asset to one child.

## Conclusion

Because the evidence showed the joint account was opened for convenience and did not clearly establish a completed present gift, the account could not be treated as Ann Mazuran’s property outside the estate; the decree was vacated and the matter remanded for proceedings consistent with treating the funds as estate property absent proof of a valid inter vivos gift.


In re Est. of Gladowski, 483 Pa. 258, 396 A.2d 631 (Pa. 1979)