Barbour v. First Citizens Nat. Bank of Watertown

This is an action to determine adverse claims to a joint bank account. According to the records of the First-Citizens National Bank of Watertown the account is payable to “Frederick R. Bamberger or James A. Barbour, as joint tenants with right of survivorship and not as tenants in common.” Bamberger died testate on March 23, 1954. The issue is whether the balance remaining in the joint account is an asset of the estate or belongs to the survivor, James A. Barbour. Judgment was entered in favor of the estate and Barbour appeals.

For the most part the facts are not disputed. From them it appears…