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02/16/89 In Re Estate of Mary Gruske

February 16, 1989

IN RE ESTATE OF MARY GRUSKE, DECEASED (I.H. MISSISSIPPI


APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

Valley Credit Union, Petitioner, v.

Lynda Ryberg, Ex'r of the Estate of Mary Gruske,

Respondent-Appellee and Cross-Appellant (Debbie

Beauchamp et al., Petitioners-Appellants and

Cross-Appellees))

534 N.E.2d 692, 179 Ill. App. 3d 675, 128 Ill. Dec. 510 1989.IL.196

Appeal from the Circuit Court of Rock Island County; the Hon. John Donald O'Shea, Judge, presiding.

APPELLATE Judges:

JUSTICE WOMBACHER delivered the opinion of the court. HEIPLE and BARRY, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOMBACHER

The trial court found that the estate of Mary Gruske, deceased (the estate), had not overcome the presumption that Mary had possessed the required donative intent when she established a joint credit union account with the claimants, Debbie Beauchamp, Ronnie L. Ziemer and Loretta Caron. The court further found that Mary had later effectively terminated the joint account. The claimants appeal. The estate cross-appeals.

The record shows that on November 18, 1982, Mary executed a will. In the will, she left her nephew, William Ryberg, 40% of the residue of her estate. She named William's wife, Lynda, executor of the will and left her 20%. The remainder of the estate went to other relatives, including 20% to Mary's sister, Clara Ziemer.

In March of 1983, Mary suffered a stroke and spent her remaining four years of life in a nursing home. In the fall of 1983, Mary told Clara that she wished to make Clara's grandchildren, the instant claimants, joint tenants in her savings account at I.H. Mississippi Valley Credit Union (the credit union). She subsequently signed a credit union form naming Clara and the claimants joint tenants. The form provided in relevant part:

"The Credit Union is hereby authorized to recognize any of the signatures subscribed hereto in the payment of funds or the ...


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