DocketNumber: No. 228
Citation Numbers: 246 N.E.2d 594, 18 Ohio App. 2d 52
Judges: GUERNSEY, J.
Filed Date: 4/9/1969
Status: Precedential
Modified Date: 1/13/2023
This is an appeal from a judgment of the Probate Court of Auglaize County, in a declaratory judgment action, declaring Plumah Yocum, the surviving depositor of a joint and survivorship checking account, to be the owner thereof to the exclusion of the residuary legatees of Clara Schroyer, the decedent joint depositor who had provided all the funds deposited to the account. Plumah Yocum and Thelma Brown, as coexecutors of the estate of Clara Schroyer, had listed the account in the inventory of her estate describing it as a joint and survivorship account in the names of Clara Schroyer and Plumah Yocum, but they did not add the same to or include the same in the total of the decedent's personal property accounted for in the inventory. Exceptions to *Page 53 the inventory were filed by the appellant here, L. Howard Miller, a residuary legatee, claiming that the account should have been listed as part of the total assets of the estate of the decedent.
Almost a year after the creation of the account, on the application of Plumah Yocum and with the ward's consent, a guardian was appointed for the estate of Clara Schroyer on the ground that she was incompetent by reason of advanced age (93 years) and illness. The guardian subsequently filed an inventory including in the total of personal property the subject account, listed as "checking account Peoples National Bank, $7,046.15." On the day before filing his inventory, he went to the bank, left a copy of his letters of guardianship and signed an authorized signature card, "Daniel D. McKeever, Guardian of Clara Schroyer." In proceedings to reduce the amount of guardian's bond and in his final account the guardian described the account as "Peoples National Bank of Wapakoneta, Ohio, checking account (joint and survivor with Plumah Yocum as survivor)." The guardian made no deposits in or withdrawals from the account and exercised no dominion over the same except as here indicated, and the financial needs of the ward prior to her death were met from other of her assets.
There is no serious contention that there was a failure by the initial contract with the bank to create an account upon which either party could draw, or which in the absence of some intervening change would become the sole property of the survivor of the parties to the contract of deposit; and we find that the record does not support a conclusion to the contrary. The sole question then before this court is whether the intervening appointment of a guardian of the estate of Clara Schroyer, or the guardian's actions in relation to the account, or the failure of Plumah Yocum to except to the inclusion of the account in the guardianship inventory, or her action as coexecutor in mentioning same in the decedent's inventory, either terminated the joint and survivorship contract to deprive Plumah Yocum of any title to the proceeds of the account *Page 54 or estopped her from claiming any title thereto as against the residuary legatees of the estate of Clara Schroyer.
Although the Supreme Court has determined that the form of the deposit should not be treated as conclusive and that even after the death of one of the parties to an account which is joint and survivorship in form the realities of ownership may be shown (In re Estate of Svab,
To conclude that the mere appointment of a guardian without any necessity existing for the guardian to use such assets for the support of his ward should terminate and defeat the intent of the ward as it existed at the time of the creation of the account would serve to frustrate and defeat the planning of the ward with respect to the ward's entire estate and to cause assets to be diverted to beneficiaries other than intended by the ward. For instance, the intent of a husband to provide for his widow by transferring all his assets to her through the means of joint and survivorship bank accounts would be overridden, and the widow might be limited to a statutory share with the remainder of the estate passing to other beneficiaries.
Although certain of the statutes of Ohio, for example, Sections
We cite, with approval, the case of National City Bank ofCleveland v. Hewes, 90 Ohio Law Abs. 372. See, also, In reEstate of Jones, 68 Ohio Law Abs. 282, distinguishable because of the existence of a contract for services and because the guardianship was merely of the person of the ward; 10 American Jurisprudence 2d 334, Banks, Section 371; and 26 University of Chicago Law Review 376, 400, Kepner, "Five More Years of the Joint Bank Account Muddle."
We find nothing from which to conclude that any action, or failure to act, of Plumah Yocum estopped her from now asserting title to the proceeds of the bank account.
Judgment affirmed.
COLE, P. J., concurs.