Legal Opinion · Dissent

Second National Bank v. Brewer

Illinois Supreme Court

Decided November 30, 1973No. 45690Published

1DissentJustice Kluczynski

I disagree with the majority opinion which holds that a separate signature card signed by all parties is not necessary for creation of a valid joint tenancy for a time certificate of deposit. I would affirm the judgment of the appellate court.

The majority opinion determines that the aforesaid instrument may be classified as an evidence of indebtedness under section 2(b) of the Joint Rights and Obligations Act, which does not require a separately signed agreement to create a joint tenancy. I find this reasoning unconvincing. In McCormick v. Hopkins, 287 Ill. 66, 71, it was recognized that the…

2Cases cited6 opinions

  1. Frey v. WubbenaIllinois Supreme Court · 1962
  2. Doubler v. DoublerIllinois Supreme Court · 1952
  3. McCormick v. HopkinsIllinois Supreme Court · 1919
  4. In Re Estate of WilsonIllinois Supreme Court · 1949
  5. Lanigan v. Apollo SavingsIllinois Supreme Court · 1972

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