Steinhauser v. Repko

Ohio Court of Appeals

Steinhauser v. Repko

277 N.E.2d 73, 28 Ohio App. 2d 251, 57 Ohio Op. 2d 374, 1971 Ohio App. LEXIS 469

CourtOhio Court of Appeals

DecidedJuly 13, 1971

Docket4948

StatusPublished

This text of 277 N.E.2d 73 (Steinhauser v. Repko) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Steinhauser v. Repko, 277 N.E.2d 73, 28 Ohio App. 2d 251, 57 Ohio Op. 2d 374, 1971 Ohio App. LEXIS 469 (Ohio Ct. App. 1971).

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Opinions

*252 Lynch, J.

The opinion of the trial court is reported in 19 Ohio Mise. 43. We agree with the statement of facts in the trial court’s opinion, except that Helen Bepko was the sister-in-law of John Bepko, the decedent. John Bepko was unmarried. We also agree with the trial court’s opinion on his discussion of the legal authorities and his decision in this case.

We hold that where the decedent placed currency in a safe deposit box which was rented from the bank pursuant to a lease agreement signed by the decedent and his sister-in-law as “joint tenants with right of survivorship,” which agreement also recited that all property placed in such box was declared to be the joint property of both lessees and upon the death of either passes to the survivor, and the only testimony concerning the statements of the decedent made at the time such arrangement was made confirmed his intention to establish a right of survivorship, it is effective to vest title in such survivor upo a his death. See B. C. 2131.10 and 2131.11.

Judgment affirmed.

O’Neill, P. J., and Johnson, J.. concur.

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*252 Lynch, J.

The opinion of the trial court is reported in 19 Ohio Mise. 43. We agree with the statement of facts in the trial court’s opinion, except that Helen Bepko was the sister-in-law of John Bepko, the decedent. John Bepko was unmarried. We also agree with the trial court’s opinion on his discussion of the legal authorities and his decision in this case.

We hold that where the decedent placed currency in a safe deposit box which was rented from the bank pursuant to a lease agreement signed by the decedent and his sister-in-law as “joint tenants with right of survivorship,” which agreement also recited that all property placed in such box was declared to be the joint property of both lessees and upon the death of either passes to the survivor, and the only testimony concerning the statements of the decedent made at the time such arrangement was made confirmed his intention to establish a right of survivorship, it is effective to vest title in such survivor upo a his death. See B. C. 2131.10 and 2131.11.

Judgment affirmed.

O’Neill, P. J., and Johnson, J.. concur.

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Bluebook (online)

277 N.E.2d 73, 28 Ohio App. 2d 251, 57 Ohio Op. 2d 374, 1971 Ohio App. LEXIS 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steinhauser-v-repko-ohioctapp-1971.