- 22 - Undoubtedly, the foregoing evidence and like documentation might be highly probative were the aim to establish existence of a joint account. That point, however, is undisputed. The instant inquiry is already taking place under the rubric of TPC 438(a). Because that provision operates solely in the context of joint accounts, documentation showing accounts titled in the names of multiple parties and conferring on them contractual rights vis-a-vis a financial institution is presumed and inherent in all cases. Accordingly, the clear and convincing evidence referenced in the exception must demand something more. The estate’s reliance on materials of this nature is therefore misplaced and carries little, if any, weight in establishing decedent’s intent to make a gift. In fact, the exclusive use of decedent’s personal information in filling out the customer agreement could cut the other way. The second general category of circumstances pressed by the estate relates to Mr. Greene’s claimed management of and control over the Valdes & Moreno account. The estate mentions that Mr. Greene conducted “due diligence” with respect to the eConnect shares, attended eConnect shareholder meetings, consulted and jointly made decisions with decedent regarding the account, recommended when to sell the eConnect stock, shared in the excitement of the rising price and sale, opened mail related to the account, was the subject of purported comments by decedentPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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