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IN RE ESTATE OF THOMPSON

No. 80-860.

66 Ohio St. 2d 433 (1981)

IN RE ESTATE OF THOMPSON: THOMPSON, APPELLEE, v. BOTTS, EXRX., APPELLANT.

Supreme Court of Ohio.

Decided June 17, 1981.

Attorney(s) appearing for the Case

Mr. John C. Wheatley and Mr. Edward W. Erfurt, Jr., for appellee.

Kemp, Schaeffer & Rowe Co., L.P.A., and Mr. Stephen D. Rowe, for appellant.

CELEBREZZE, C. J.

This court has traditionally utilized contract law concepts to enforce the survivorship rights of the parties to accounts on deposit in financial institutions which are designated as joint and survivorship accounts. In Berberick v. Courtade (1940), 137 Ohio St. 297, this court stated, at page 301, quoting from paragraph two of the syllabus of In re Estate of Hutchison (1929), 120 Ohio St. 542:

"`While joint tenancy with...

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