Groth v. Martel
| Decision Date | 28 December 1979 |
| Docket Number | No. 2,CA-CIV,2 |
| Citation | 126 Ariz. 102,612 P.2d 1065 |
| Parties | John F. GROTH, Plaintiff/Appellant, v. Wanda M. MARTEL, Defendant/Appellee. George GRADY, as Personal Representative of the Estate of Delta Whitehead, Deceased, and Wanda Martel, Plaintiffs/Appellees, v. John F. GROTH and Tucson Church of the Brethren, an association, Defendants/Appellants. 3305. |
| Court | Arizona Court of Appeals |
In this appeal from a judgment in consolidated cases, appellant John F. Groth relies on A.R.S. § 14-6104 governing right of survivorship in certain nonprobate transfers, which provides in material part:
Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intention at the time the account is created.
The cases involve a joint savings account in the name of Delta Whitehead, Groth, and Wanda Martel. Whitehead died on January 21, 1977. Groth commenced an action for declaratory judgment on March 7, seeking a determination regarding the sum of approximately $18,000 remaining on deposit in the joint account. The complaint alleged that on September 8, 1976, while Groth was pastor and Whitehead a member of the Tucson Church of the Brethren, Whitehead instructed Home Federal Savings & Loan Association to create a joint tenancy with right of survivorship account so that Groth could draw funds to pay her bills and any sums remaining at Whitehead's death would go to the church. It alleged further that Martel was added to the account on September 30, having been informed of its purpose and having indicated her consent and approval that funds remaining in the account at Whitehead's death go to the church.
Two days after that complaint was filed, the personal representative of Whitehead's estate and Martel jointly commenced a separate action alleging that Groth had persuaded Whitehead through use of undue influence to add his name to the account and had converted the remaining $18,000. The cases were consolidated for trial before the court without a jury. At the conclusion of the evidence appellees conceded that there was no evidence of undue influence and the court ruled...
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