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Newman v. Thomas
Nebraska Supreme Court
264 Neb. 801 (2002)
During his lifetime, John Henry M. Chamberlin opened a single-party non-pay-on-death certificate of deposit (CD) at his bank. After Chamberlin’s death, Ivorie Pearl Newman (plaintiff), Chamberlin’s sister and the personal representative of his estate, transferred the proceeds of the CD to the estate’s bank account. Alfred Thomas (defendant), Chamberlin’s friend and household helper, claimed that he was entitled to the CD proceeds as a pay-on-death (POD) beneficiary. In support of his claim, Thomas presented an unsigned document purporting to be a request by Chamberlin to add Thomas as a POD beneficiary. Newman filed a declaratory judgment action and moved for summary judgment, arguing that Chamberlin had not designated a POD beneficiary and that therefore the CD proceeds belonged to the estate. The trial court found for Newman, and Thomas appealed.
Rule of Law
Holding and Reasoning (Connolly, J.)
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