Sage v. Flueck

The dominant question is whether a joint and survivorship deposit account belongs to'the estate of its creator or to the surviving joint depositors.

In Ohio, a surviving joint depositor has a right to the proceeds of a joint and survivorship bank account, not as an incident to joint tenancy, which is not recognized in Ohio (Sergeant v. Steinberger, 2 Ohio, 305, 15 Am. Dec., 553; Wilson and Marsh v. Fleming, 13 Ohio, 68; Tax Comm. v. Hutchison, 120 Ohio St., 361, 166 N. E., 352; In re Estate of Hutchison, 120 Ohio St., 542, 166 N. E., 687), but arising out of the contract of deposit.

“While…