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In Re Estate of Cronholm

DECEMBER 4, 1962.

IN THE MATTER OF THE ESTATE OF ESTHER G. CRONHOLM, DECEASED. BETH R. AUSTIN, WILLIAM R. GOSHEN AND BESS W. BAKER, PETITIONERS-APPELLEES,

v.

GEORGE C. KIEFFER, EXECUTOR OF THE ESTATE OF ESTHER G. CRONHOLM, RESPONDENT-APPELLANT.



Appeal from the Circuit Court of Rock Island County; the Hon. A.J. SCHEINEMAN, Judge, presiding. Affirmed.

SPIVEY, P.J.

George C. Kieffer appeals from an order of the Circuit Court of Rock Island County in a citation procedure directing him to deliver certain property to the executor of the estate of Esther G. Cronholm. A hearing was first held in the Probate Court of Rock Island County and from an adverse ruling, the respondent took an appeal de novo to the Circuit Court.

Prior to her death, Esther G. Cronholm purchased a savings certificate in the amount of $3500, issued October 1, 1957, by the First National Bank of Rock Island, established a savings account on July 13, 1953, in the amount of $1365.76 in the same bank, and opened a savings account in the amount of $2080.29 in the Rock Island Bank and Trust Company on February 16, 1956. All these accounts were in the names of Esther G. Cronholm and George C. Kieffer with right of survivorship. The provision for survivorship was contained in signature cards relative to the savings certificate and savings account and were signed by Esther G. Cronholm and George C. Kieffer. The form of the signature cards of the accounts of the First National Bank of Rock Island and the Rock Island Bank and Trust Company were identical. They provided as follows:

Esther Cronholm and George Kieffer Sigs. required ____

FIRST NATIONAL BANK OF ROCK ISLAND, Rock Island, Illinois CD 785 ------------------------------------------------------------------------- Items received for deposit or collection are accepted on the following terms and conditions. This Bank acts only as depositor's collecting agent and assumes no responsibility beyond its exercise of due care. All items are credited subject to final payment and to receipt of proceeds of final payment in cash or solvent credits by this Bank at its own office. This Bank may forward items to correspondents and shall not be liable for default or negligence of correspondents selected with due care nor for losses in transit, and each correspondent shall not be liable except for its own negligence. Items and their proceeds may be handled by any Federal Reserve bank in accordance with applicable Federal Reserve rules, and by this Bank or any correspondent, in accordance with any common bank usage, with any practice or procedure that a Federal Reserve bank may use or permit another bank to use, or with any other lawful means. This bank may charge back, at any time prior to midnight on its business day next following the day of receipt, any item drawn on this Bank which is ascertained to be drawn against insufficient funds or otherwise not good or payable. An item received after this Bank's regular afternoon closing hour shall be deemed received the next business day. _________________________________________________________________________ AUTHORIZED SIGNATURE _________________________________________________________________________ AUTHORIZED SIGNATURE _________________________________________________________________________

_________________________________________________________________________ BUSINESS ADD. BUSINESS ADD. _________________________________________________________________________ RESIDENCE RESIDENCE

1817 9th St. R.I. _________________________________________________________________________

Date Opened Initial Deposit Introduced Opened by by

Oct 1, '57 $3500.00 ------------------------------------------------------------------------- SAVINGS DEPARTMENT 85520 EXT. 4 (A.B.)

JOINT ACCOUNT — PAYABLE TO EITHER OR SURVIVOR

We agree and declare that all funds now, or hereafter, deposited in this account are, and shall be, our joint property and owned by us as joint tenants with right of survivorship, and not as tenants in common; and upon the death of either of us any balance in said account shall become the absolute property of the survivor. The entire account or any part thereof may be withdrawn by, or upon the order of, either of us or the survivor.

It is especially agreed that withdrawals of funds by the survivor shall be binding upon us and upon our heirs, next of kin, legatees, assigns and personal representatives.

Payment to or on check of the survivor shall be subject to the laws relating to inheritance and succession taxes and all rules and regulations made pursuant thereto.

WITNESS:

__________________ S/x Esther Cronholm (SEAL) __________________ S/George C. Kieffer (SEAL)

All the consideration for these accounts and the certificate was furnished solely by Esther G. Cronholm.

After the death of Esther G. Cronholm, George C. Kieffer withdrew all of the above funds and claimed ownership of the funds to the exclusion of the Estate of Esther G. Cronholm. A citation procedure was commenced for the estate by certain of the beneficiaries under the decedent's will. During the ...


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