In re Estate of Johnston

Summary

The court held that the district court applied the wrong legal standard by treating Peggy Johnston's claim as a tort conversion action rather than a dispute over the parties' respective interests in a joint bank account. Under the applicable joint-tenancy framework, Peggy presented sufficient evidence to proceed on whether John withdrew funds exceeding his proportional interest, requiring a new trial. The court affirmed the court of appeals, reversed the district court, and remanded.