Barber v. Ruth

ENGEL, Senior Circuit Judge. In this diversity case, defendants John and Lucille Ruth appeal the district courts entry of judgment, after trial, in favor of plaintiff Richard Barber, personal representative of the estate of Barbara Reese. Specifically, the Ruths appeal the district courts finding that Ms. Reese, in establishing a joint bank account with the Ruths, did not have the donative intent necessary to create a true joint tenancy. The Ruths also appeal certain aspects of the district courts award of costs. Mr. Barber cross-appeals the district courts award of interest on a general pecuniary bequest that the court applied as a set-off. For the reasons stated below, we AFFIRM the district courts rulings in part, REVERSE the award of costs and of interest on the set-off, and REMAND the cause for recalculation of the set-off and of the award of costs.