Commonwealth Trust Co. v. DuMontimer
Missouri Court of Appeals
Error to St. Louis City Circuit Court. — Son. Rhodes E. Gave, Judge. (1) The transfer of the deposit from Fitzpatrick to the credit of Fitzpatrick and Mrs. Du Montimer, payable to either or the survivor, created, a joint tenancy between them, and on his death the fund passed by operation of iaw to her.
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Error to St. Louis City Circuit Court. — Son. Rhodes E. Gave, Judge. (1) The transfer of the deposit from Fitzpatrick to the credit of Fitzpatrick and Mrs. Du Montimer, payable to either or the survivor, created, a joint tenancy between them, and on his death the fund passed by operation of iaw to her. Mack v. Bank, 3 N. Y. S. 441; Kelly v. Bank, 92 N. Y. S. 578; McElroy v. Bank, 40 N. Y. S. 340; Augsbury v. Shurtliff, 180 N. Y. 138; In re Meehan, 69 N. Y. S. 9; In re Main, 73 Conn. 638;. In re Griffith Est., 1 Lack. Leg. N. (Pa.) 311; Tiffany, Banks & Banking, 460. (2) The mere fact that…
1Opinion of the CourtReynolds, P. J.
The Commonwealth Trust Company (hereafter called the Trust Company) brought its bill of interpleader against Katherine DuMontimer, Margaret K. Reagan, and William L. Fitzgerald, the latter as the executor of the estate of Thomas F. Fitzpatrick, deceased, for the purpose of determining the ownership of a •deposit of $1359.95 in the hands of the Trust Company in its savings department, the right to which was asserted by Katherine DuMontimer, she claiming that the fund was a joint fund belonging to herself and Thomas F. Fitzpatrick as joint owners and that, having survived, she was entitled to…
2Cases cited7 opinions
- Whalen v. MilhollandCourt of Appeals of Maryland · 1899
- Sanford v. . SanfordNew York Court of Appeals · 1871
- Main's Appeal From ProbateSupreme Court of Connecticut · 1901
- Fowler v. . ButterlyNew York Court of Appeals · 1879
- Augsbury v. . ShurtliffNew York Court of Appeals · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Cleveland Trust Co. v. ScobieOhio Supreme Court · 1926
- Ambruster v. AmbrusterSupreme Court of Missouri · 1930
- Malone v. SullivanSupreme Court of Kansas · 1932
- O'Brien v. BieggerSupreme Court of Iowa · 1943
- Wantuck v. United Savings and Loan AssociationSupreme Court of Missouri · 1971
25 more not listed; retrieve them via the Exa API.