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KETTLER v. SECURITY NAT. BANK OF SIOUX CITY

No. 10-1803.

805 N.W.2d 817 (2011)

Robert L. KETTLER, As Executor of the Estate of Loretta C. O'Connell, and Milo J. Kettler and Robert L. Kettler, Individually, Plaintiffs-Appellees, v. The SECURITY NATIONAL BANK OF SIOUX CITY, Iowa, as Personal Representative of the Estate of Fay M. O'Connell, Deceased, and Robin Franciscovich, As Administrator of the Estate of Mary Ann Raher, Defendants-Appellants. In the Matter of the Estate of Fay M. O'Connell, Deceased.

Court of Appeals of Iowa.

September 21, 2011.

Attorney(s) appearing for the Case

Daniel L. Hartnett and Larry A. Storm of Crary, Huff, Inkster, Sheehan, Ringgenberg, Hartnett & Storm, P.C., Sioux City, for appellees.

Kyle S. Irvin of Corbett, Anderson, Corbett, Vellinga & Irvin, L.L.P., Sioux City, for appellant The Security National Bank of Sioux City, Iowa.

Jay E. Denne of Munger, Reinschmidt & Denne, L.L.P., Sioux City, for appellant Robin Franciscovich.

Heard by SACKETT, C.J., and VOGEL and DANILSON, JJ.

VOGEL, J.

In this appeal we examine a case where a joint bank account holder unilaterally withdrew funds from several accounts and placed them in his own name. The district court found this action did not destroy the right of survivorship held by his wife and ordered the return of all the funds to the wife. We conclude that because the withdrawals were valid transactions made with the intent to terminate the right of survivorship that right was successfully destroyed...

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