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ANDREWS v. HOCHMUTH

454 P.2d 636 (1969)

Alicia A. ANDREWS, Administratrix of the Estate of Marguerite M. Dunn, Deceased, Plaintiff and Respondent, v. Ruth E. HOCHMUTH, Appellant, and Lisa Miller, Aka Alicia C. Miller, Now Known As Alicia C. Thompson, Defendant and Respondent.

Supreme Court of Oregon, In Banc.

Decided May 16, 1969.

Attorney(s) appearing for the Case

Wm. S. McLennan, Portland, argued the cause for appellant. With him on the brief were McLennan & Muller, Portland.

Leonard D. Alley, Portland, argued the cause for defendant and respondent. With him on the brief was Walter D. Alley, Portland.

George C. Reinmiller and Cake, Jaureguy, Hardy, Buttler & McEwen, Portland, filed a brief for Equitable Savings & Loan Assn., amicus curiae.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

GOODWIN, Justice.

The sole question in this declaratory suit is whether a designated joint owner of a savings account takes the proceeds subject to a trust or free of the trust.

The facts are not in dispute. On March 1, 1957, Marguerite M. Dunn created from her own funds an account with Equitable Savings & Loan Association, designating ownership of the account as follows:

"Marguerite M. Dunn or Ruth Hochmuth, or the survivor thereof, trustee for...

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