CRAWFORD, J.
Plaintiff, appellant herein, Franklin L. Shipman, executor of the estate of Lucy M. Stoltz, deceased, brought suit in the Court of Common Pleas to set aside a joint and survivorship contract between defendant, appellee herein, and deceased and The Peoples Building & Savings Association of Troy, Ohio, for the declaration of a trust and for an accounting for moneys withdrawn by defendant from the account in such association.
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