Agrelius v. Mohesky

The opinion of the court was delivered by We are confronted with two separate issues in this lawsuit. The
first is whether a savings account was held in joint tenancy. The
second question is whether a deed to a Harvey County farm was
delivered during the lives of the grantors. The district court
decided each issue adversely to the plaintiff and he has
appealed. Frank U.G. Agrelius and his wife, Elizabeth T. Agrelius, were
residents of Emporia, Kansas. They had two sons, Clair Agrelius,
who is the plaintiff and appellant in this lawsuit and Paul
Kenneth Agrelius, commonly known as Kenneth. They will frequently
be referred to as Clair and Kenneth. Mr. and Mrs. Agrelius both
died intestate, Mr. Agrelius in February 1962, and his wife, in
April 1967. Kenneth died February 7, 1967, some two months before
his mother. He left five children who are the defendants and
appellees in this action. With this brief statement as to the
parties, we turn to the first issue — the status of the savings
account.