Trust of McManus v. McManus, 18 A.3d 550

Rose McManus and Elizabeth opened a Citizens Bank account on August 4, 2003; funds were Rose's assets.
The signature card stated the account was joint but lacked survivorship language.
A disclosure for personal accounts was provided, outlining joint accounts with and without survivorship and related forms.
Rose died on February 21, 2004, leaving Elizabeth as surviving spouse and trustee of the inter vivos trust with a pour-over provision directing equal distribution to Rose's children, including Elizabeth.
The dispute centers on whether the Citizens Bank account was opened with a right of survivorship, affecting whether it remained outside or should be included in the trust assets.
Elizabeth petitioned to be discharged as trustee and distribute assets; siblings counterclaimed that Elizabeth misappropriated trust funds by omitting the bank account from trust assets, and the Superior Court granted summary judgment for the siblings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Citizens Bank account had a right of survivorship	Elizabeth contends joint with survivorship implied by the card and disclosures.	Siblings contend absence of survivorship language means no right of survivorship.	No survivorship right; account not subject to survivorship.
Whether the disclosures read with account records create survivorship	Disclosures, read with the two-signature opening, suggest survivorship.	Disclosures cannot create survivorship without signed language; there is no survivorship designation.	Disclosure language cannot create survivorship; no survivorship right.

Gaspar v. Cordeiro, 843 A.2d 479 (R.I. 2004) (signatures lacking survivorship language mean no survivorship)
Robinson v. Delfino, 710 A.2d 154 (R.I. 1998) (survivorship inferred only if explicit; otherwise not)