In re Estate of Gubala
Illinois Court of Appeals
225 N.E.2d 646 (1967)
- Written by Sean Carroll, JD
Facts
Leo Gubala died intestate, survived by his heirs at law, nine nieces and nephews. Prior to his death, Gubala held an account at the Fairfield Federal Savings and Loan Association (Fairfield). Gubala had authorized Fairfield to change the name on the account to make it payable to one of Gubala’s nephews, Frank Wujastyk (defendant), upon Gubala’s death. After Gubala’s death, one of Gubala’s other nephews (plaintiff) commenced an action seeking a declaration that the funds in the Fairfield account should be part of Gubala’s estate. That nephew argued that any transfer to Wujastyk was testamentary and violated Illinois’s statute of wills. The trial court ruled in favor of Wujastyk, relying on Illinois’s Savings and Loan Act. The other nephew appealed.
Rule of Law
Issue
Holding and Reasoning (Drucker, J.)
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