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FARMERS BANK OF STATE OF DELAWARE v. HOWARD

258 A.2d 299 (1969)

FARMERS BANK OF the STATE OF DELAWARE, a corporation of the State of Delaware, Plaintiff, v. Mildred HOWARD and Farmers Bank of the State of Delaware, Executor of the Estate of Sadie Cooper Rust, Defendants.

Court of Chancery of Delaware, New Castle.

October 1, 1969.

Attorney(s) appearing for the Case

Franklin S. Eyster, II, and Martin I. Lubaroff, of Richards, Layton & Finger, Wilmington, for plaintiff.

Samuel Handloff, Wilmington, for defendant Farmers Bank of State of Delaware, Executor of Estate of Sadie Cooper Rust.

Clifford B. Hearn, Jr., of Biggs & Battaglia, Wilmington, for defendant Mildred Howard.

DUFFY, Chancellor.

The question for decision is whether a joint tenancy was created in a bank account before the death of the depositor.

A.

Prior to July 8, 1967, Sadie Cooper Rust had a savings account in the Farmers Bank with a balance of $8,687.45. On that day she directed the Bank to add the name of Mildred Howard to the account but specifically directed that Mrs. Howard not be told of this. Mrs. Rust signed a signature card reading in part as...

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