Hutchinson National Bank & Trust Co. v. Brown

Rulon, J.:

Plaintiff, Hutchinson National Bank and Trust Company, appeals from the declaratory judgment granted defendant, Ida Brown, by the Reno County District Court. The primary issue on appeal is whether a unilateral pledge of a certificate of deposit, held in joint tenancy, severs any one of the four unities required for the continued existence of a joint tenancy. We find that the unity of interest is severed and reverse.

The essential facts are not disputed by the parties. The district court summarized the facts as follows:

“On May 22, 1981, Harry Brown purchased a $15,000 certificate of…