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Survivorship in Joint Bank Accouns, and Wilson v. Ivers

Vol: 16, Issue: 2, Page: 105
1941
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Commentary Description

Joint bank accounts have given rise to considerable litigation, concerning a number of questions. A deposits money in a bank, payable in any part to himself or to B, or to the survivor. If A draws upon the account, may B assert an interest in the money taken, or in property purchased with it? If B withdraws money, can A reclaim it? If A dies must the bank pay B because the account is "payable to the survivor," though B has no claim of ownership? If B is permitted to keep what remains at A's death, is the account subject to estate and inheritance taxes? Do A's creditors have redress against B? These are some of the problems presented to the courts. A more common question, and the subject of this Comment, is whether B becomes the owner of the account at A's death. Has survivorship been obtained?

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