Miller v. Higgins

The opinion of the court was delivered by

Wertz, J.:

This was an action to determine the ownership of $23,666.64 in a checking account in the Havensville State Bank. The plaintiff (appellee), Orman L. Miller, executor of the estate of Fern Henery, initiated this action asserting that the account was an asset of the estate of the deceased and should be distributed according to the general terms of the will and codicil. It is contended by the defendant (appellant), J. C. Higgins, that he had full ownership of this account by virtue of the right of survivorship in joint tenancy. He urged that the…