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In re Falucco

Order decreeing that decedent's son was entitled to funds previously held in joint accounts with decedent affirmed; guardian's removal of son as joint tenant from accounts prior to decedent's death was unauthorized and, thus, did not sever the joint tenancy estate.

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� 1 Appellants Brian E. Rose, Kenneth J. Rose, Pamela Rose, Cynthia Rose, and Cynthia Rose as parent and natural guardian of Savannah Marie Woy, a minor, (collectively “residuary Legatees”) and Thomas J. Dempsey, Jr., Esquire (“Dempsey”) (collectively “the appellants”) appeal from the Order, which decreed that James Fallucco (“James”), the Decedent’s son, was entitled to the funds that were held in joint accounts with Annetta Fallucco (“Decedent”), and directed the executor of the Estate of the Decedent (“the Estate”) to release these funds, plus interest, to James. We affirm.

� 2 The pertinent facts, as stipulated by the parties, and the procedural history of this case are as follows. The Decedent executed her last will and testament on May 21, 1997, which provided specific bequests of $20,000 to her son, James, and $400 to her daughter, Janet Carothers. The will further provided for Decedent’s residuary estate to be distributed in equal shares to her four grandchildren and one great grandchild, the residuary Legatees.

� 3 On April 2, 1997 and May 16, 1997, two certificates of deposit in the total amount of $139,314.21 were titled in the name of Decedent and James as joint tenants with the right of survivorship. All funds held in these CDs were contributed solely by Decedent. On December 19, 1998, James caused the entire proceeds of these CDs to be invested in three individual accounts titled in his name only. James never withdrew any principal or interest from the joint CDs or the individual accounts.

 
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