Fisher v. Bernstein

Facts and Proceedings Below

This is an appeal from a judgment determining the right to funds in a savings account. The following facts are undisputed: Arthur N. Fisher was the father of Shari Lynn and Dani Yale Fisher. He was the son of Ann Bernstein. In 1982, Mr. Fisher opened a savings account at a savings and loan association. The account bore the name “Arthur N. Fisher or Ann Bernstein as Trustees for Shari Lynn Fisher and Dani Yale Fisher . . . .” Mr. Fisher signed the account card; Ms. Bernstein did not. The account card lists eight possible categories of account with a check box next to the category. The categories include “individual,” “joint,” “trustee” and “joint trustee.” On the back of the account card are printed declarations corresponding with the categories on the front. The declaration for individual trustee and joint trustee accounts reads as follows:

There was in excess of $200,000 in the account at the time of Mr. Fisher’s death in 1984. Following his death, Ms. Bernstein attempted to withdraw all the funds in the account but the bank refused to allow her to do so. She did not have the passbook and her signature did not match the signature “Ann…