Herbin v. Farrish

HILL, Judge.

The trial court correctly granted plaintiff’s motion for summary judgment. Since the bank account was in Ohio at the time of the death of the testatrix-depositor, the case is governed by the law of that state. Ellison v. Hunsinger, 237 N.C. 619, 75 S.E. 2d 884 (1953); 3 Strong’s N.C. Index 3d, Courts, Sec. 21.10. Likewise, the law of the state of the situs determines rights of claimants under a will. Johnson v. Salsbury, 232 N.C. 432, 61 S.E. 2d 327 (1950); 3 Strong’s N.C. Index 3d, Courts, Sec. 21.12.

A joint and survivorship account is created between the co-signators by contract…