Legal Opinion

Petersen v. Carstensen

Supreme Court of Iowa

Decided January 19, 1977No. 2-57270PublishedCited by 15 opinions

1Opinion of the Court

McCORMICK, Justice.

The principal question here is whether a certificate of deposit in the name of alternate payees becomes the property of the surviving payee, upon the depositor’s death, in the absence of extrinsic evidence showing the depositor had a contrary intention. We affirm a holding by the trial court that it does.

John P. Carstensen, Sr., died testate at the age of 85 on February 1, 1973. A certificate of deposit for $32,500 was found in his safety deposit box. It was dated January 10, 1973, issued by the Iowa State Savings Bank, Clinton, Iowa, and made payable to “John P.…

2Cases cited15 opinions

  1. Hamilton v. WosepkaSupreme Court of Iowa · 1967
  2. Estate of Staver v. StaverWisconsin Supreme Court · 1935
  3. Wagner v. WagnerSouth Dakota Supreme Court · 1968
  4. O'Brien v. BieggerSupreme Court of Iowa · 1943
  5. First National Bank in Sioux City v. CurranSupreme Court of Iowa · 1973

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3Cited by15 opinions

  1. Recker v. GustafsonSupreme Court of Iowa · 1979
  2. Thiele v. Security State Bank of New SalemNorth Dakota Supreme Court · 1986
  3. In Re Estate of KielSupreme Court of Iowa · 1984
  4. Clinton Natl. Bank v. SaucierSupreme Court of Iowa · 1998
  5. Kettler v. Security National Bank of Sioux CityCourt of Appeals of Iowa · 2011

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