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In re Estate of Alice Adele Lauterman

January 19, 1973

IN THE MATTER OF THE ESTATE OF ALICE ADELE LAUTERMAN, DECEASED. GLENN, APPELLANT,
v.
THE BANK OF CALIFORNIA, N.A., RESPONDENTS



Appeal from Circuit Court, Multnomah County. William L. Dickson, Judge.

Eric L. Larsen, Eugene, argued the cause for appellant. On the brief were Butler, Husk & Gleaves, Eugene.

David N. Hobson, Portland, argued the cause for respondent Bank of California, N.A. With him on the brief were Phillips, Coughlin, Buell, Stoloff & Black, Portland.

Fred B. Duffy, Portland, argued the cause and filed the brief for respondent Rev. Jack H. Stipe.

Fort, Judge. Schwab, Chief Judge, and Thornton, Judge.

Fort

This appeal presents again the question "whether the balance in a joint savings account became the property of the surviving joint depositor or constituted an asset of the estate of the other joint depositor." Roehr v. Pittman, 256 Or 193, 194, 472 P2d 278 (1970). The circuit court concluded that the savings bank account here involved passed to defendant Jack H. Stipe pursuant to the will of Alice A. Lauterman, deceased, and did not belong to claimant, Mary H. Glenn, who, at the time of Mrs. Lauterman's death, was, with Mrs. Lauterman, a cosignatory with right of

survivorship of that joint savings account. It is undisputed that the decedent contributed all of the money deposited in the joint account.

We set forth the facts chronologically.

The savings account in question, Willamette Savings and Loan Association Account No. 6238, was opened by the decedent on November 9, 1964, in her name alone. Jack H. Stipe was added to the account as a joint depositor with right of survivorship on September 10, 1966. At various times Mrs. Lauterman created a number of joint accounts, naming other persons as joint depositors. There were 11 of these joint savings accounts when decedent executed her will November 21, 1966, none of which were mentioned therein.

The decedent's first codicil, executed December 1, 1966, set forth those 11 existing accounts including the one here involved, and another which she had previously closed, designating the joint depositors then named thereon as the legatees thereof.

She executed her second codicil February 13, 1967. This bequeathed a painting and a diamond ring and contains a republication clause of the November 21, 1966, will, but does not refer to the first codicil.

Next a question arose in the fall of 1967 concerning one of the accounts*fn1 resulting in the decedent's

executing an affidavit October 16, 1967, which listed the accounts mentioned in her ...


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