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ESTATE OF ROTH

25 Wis.2d 528 (1964)

ESTATE OF ROTH: ROTH, Respondent, v. FILIPEK, Appellant.

Supreme Court of Wisconsin.

November 24, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief by Harwood H. Staats of Cudahy, attorney, and Suel O. Arnold and Arnold, Murray & O'Neill of counsel, all of Milwaukee, and oral argument by Suel O. Arnold.

For the respondent there was a brief by Kurt Schnellbaecher and Bernard F. Mathiowetz, both of Milwaukee, and oral argument by Mr. Mathiowetz.

BEILFUSS, J.

On this appeal we have concluded that the proceeds of the bank account are the property of Mr. Roth, and that the cash found in the safe-deposit box is an asset of Mrs. Roth's estate.

The Bank Account.

The contract theory of joint bank accounts, adopted by this court in Estate of Staver (1935), 218 Wis. 114, 260 N. W. 655, relies on the contract of deposit rather than delivery of evidence of the chose in action for the perfection...

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