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BARBOUR v. FIRST CITIZENS NAT. BANK OF WATERTOWN

No. 9650.

86 N.W.2d 526 (1957)

David A. BARBOUR, Plaintiff and Respondent, v. The FIRST CITIZENS NATIONAL BANK OF WATERTOWN, Individually and as Executor of the Estate of Frederick R. Bamberger, Deceased, and State of South Dakota, Defendants and Respondents, and James A. Barbour, Jr., Defendant and Appellant. In the Matter of the ESTATE of Frederick R. BAMBERGER, Deceased.

Supreme Court of South Dakota.

Rehearing Denied January 6, 1958.

Attorney(s) appearing for the Case

Austin & Hinderaker and W. A. Hackett, Watertown, for appellant. Clark & Costello, Chicago, Ill., of counsel.

Loucks, Oviatt & Bradshaw, Watertown, for respondent David A. Barbour. Frank T. Platka, Chicago, Ill., of counsel.

Henrikson & Lobitz, Watertown, for First Citizens Nat. Bank of Watertown, individually and as executor of the estate of Frederick R. Bamberger, deceased.

Phil Saunders, Atty. Gen., for the State.

HANSON, Judge.

This is an action to determine adverse claims to a joint bank account. According to the records of the First Citizens National Bank of Watertown the account is payable to "Frederick R. Bamberger or James A. Barbour, as joint tenants with right of survivorship and not as tenants in common." Bamberger died testate on March 23, 1954. The issue is whether the balance remaining in the joint account is an asset of the estate or belongs to the survivor, James...

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