Berberick v. Courtade

The primary and paramount question of law presented for our consideration and decision in this case may be very concisely stated. It is as follows:

Where a husband and wife have each deposited money in a common fund in a financial institution with a stipulation that it is payable to either or to the survivor, do such funds, upon the death of the husband, pass to the surviving wife “by deed of gift” and, upon the death of the latter, is distribution, governed and controlled by provisions of Section 10503-5, General Code, commonly known as the half- and-half statute?

The record in this case…