15 Ohio Law. Abs. 385 | Ohio Ct. App. | 1933
OPINION
The record is not clear as to how this account was created. L. P. Baker was a railroader, and as far as the record discloses was employed for the greater part of the time. Anceline Baker was a crippled woman, unable, without the assistance of crutches or cane, to move about. After the reopening of this account some two or three withdrawals were made by Anceline Baker. After her death a number of withdrawals were made by the husband, L. P. Baker. Deposits were made quite regularly in varying amounts. It is clear that Anceline Baker was not a wage earner, and it is equally clear that L. P. Baker was. After the account was renewed, L. P. Baker, for some reason, had placed upon the bank book, plaintiff’s exhibit B, the name of Anceline Baker, or some one had that name placed upon a deposit slip, or a part of it
It will be recalled that Anceline Baker died perhaps a month or a little better before her husband, he surviving her by that length of time. If L. P. Baker did not intend ‘that his wife should have some interest in this account, it is strange that he did not, after her death, make some change or alteration in the character of the account, but he permitted time to go by and this account to be carried in their joint names, not a word, not a syllable to indicate to the contrary; therefore, Baker must have intended to leave it that way.
Attention is called to a number of cases in Ohio in which the survivor of the husband or wife took the balance remaining in the Bank. The first is Cleveland Trust Company v Scobie, Admr., 114 Oh St, 241. This is a somewhat notable case. The syllabus reads, in part, as follows:
“Where a person opens a savings account in a bank to the joint credit of himself and another, payable to either and balance at death of either payable to survivor, the authority to remain in full force until receipt by the bank from the depositor of written notice of its revocation, and the record shows that the depositor intended to transfer to the person to whom he made the account jointly payable and present joint interest therein equal to his own.”
It will be noticed that the above case is not precisely upon the point, because it provides for the payment of the balance to the survivor of the two.
The next case to which attention is called is In Re, Estate of Hutchinson, 120 Oh St, 542. The second proposition of the syllabus reads as follows:
“While joint tenancy with incidental right of survivorship does not exist in Ohio, parties may nevertheless contract for a' joint ownership with the right of survivor-ship.”
Again there is the provision of survivor-ship arising in that case, and also, in the case of Mougey v Life Insurance Company, 123 Oh St, 595. The opinion in this case is by the court and it may be observed that no different principle is announced in that case from the principle announced in the prior cases. Another case is Osterland v Schroeder, 22 Oh Ap 213, (4 Abs 581). The syllabus reads as follows:
“Where decedent deposited moneys in savings bank, notation adding B’s name on accounts and that either, or in case of death of either, survivor may draw part or whole, and that either may draw balance at death of either, payable to survivor, held sufficient to convey title thereto to B.”
As a matter of fact, it is well settled in this jurisdiction, that where there is a provision of survivorship and there is no question about the right of the survivor to draw the whole account, but that is not the situation in the instant case. There is not a word expressed here as to survivor-ship. The name of Anceline Baker is added to the savings account created maybe at the request of L. P. Baker, but if L. P. Baker saw fit to permit this account to continue after the death of his wife in their joint names, without any provision as to the right of a survivor, that was his concern and a matter which he would have a perfect right to settle and determine for himself.
Therefore, this account was opened, a beginning made, and within a short time the sum total drawn out, and then again, within a short time, the same account was reopened. Many deposits were made. They must have been from the earnings of L. P. Baker, because Mrs. Baker, being a cripple, could not create the amount shown to have been deposited, but may the fact that she was a cripple have been the inducement to L. P. Baker to connect her with this account. He knew no more about the future
Judgment affirmed.