Estate of Floy M. Christensen - Page 15




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          preserved by Wash. Rev. Code Ann. sec. 30.22.130 (West 1986)                
          (RCWA 30.22.130).  See id.                                                  
               RCWA 30.22.130 provides:                                               
               30.22.130.  Rights as between individuals preserved                    
                    The protection accorded to financial institutions                 
               under * * * [the Act] shall have no bearing on the                     
               actual rights of ownership to deposited funds by a                     
               depositor, and/or between depositors * * * and their                   
               heirs, successors, personal representatives, and as-                   
               signs.                                                                 
               The protections accorded to financial institutions by RCWA             
          30.22.120, RCWA 30.22.140, and other sections of the Act when               
          they make payments of funds on deposit to a person named on a               
          bank account were not intended to and, as RCWA 30.22.130 ex-                
          pressly provides, do not threaten or eviscerate the ownership               
          rights of depositors.  See Kalk v. Security Pac. Bank Wash. N.A.,           
          894 P.2d 559, 561 (Wash. 1995).  As noted by the Supreme Court of           
          Washington, the legislative history of the Act indicates that               
          RCWA 30.22.130, which preserves the ownership rights of individ-            
          ual depositors, is the converse of RCWA 30.22.120, which protects           
          financial institutions.  See Kalk v. Security Pac. Bank Wash.               
          N.A., supra at 561 n.4.                                                     
               Although the estate acknowledges that RCWA 30.22.130 pre-              
          serves certain rights of ownership to deposited funds, it con-              
          tends that RCWA 30.22.130 did not preserve the ownership rights             
          of decedent to the amounts of funds withdrawn from the Seafirst             
          joint account by the November 1995 checks and the January 1996              





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