New York’s banking law provides that a presumption arises that a joint tenancy has been created when a bank account is opened in the names of two persons

“payable to either or the survivor.” While he was still single, Richard Coddington opened a savings account with his mother, Amelia. The signature card they signed stated that the account was owned by them as joint tenants with the right of survivorship. No statement as to survivorship was made on the passbook. Richard later married Margaret. On Richard’s death, Margaret claimed a share of the account on the ground that it was not held in joint 476 Part 3 Sales and Leases of Goods tenancy because the passbook did not contain words of survivorship and because the statutory presumption of a joint tenancy was overcome by the fact that Richard had withdrawn substantial sums from the account during his life.

Decide. [Coddington v Coddington, 391 NYS2d 760 (Sup Ct App Div)]

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