Estate of Brownfield v. Bank of America, NA

¶24 (dissenting) — RCW 30.22.060 requires banks to maintain a signed contract of deposit for each account. The majority relies on cases involving lost documents. See, e.g., Smyser v. Smyser, 19 Wn.2d 42, 140 P.2d 959 (1943); Deglow v. Smith, 77 Wn.2d 128, 459 P.2d 786 (1969). To prove a lost instrument, the one proposing its validity must show its execution, its delivery, and its *566contents. Deglow, 77 Wn.2d at 129. These elements must be proved by evidence that is clear and positive and of such character as to leave no reasonable doubt as to the terms and condition of the instrument. Id.…