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checks. That is because, according to the estate, none of the
payees of any of those checks was a depositor referred to in RCWA
30.22.130 within the meaning of Wash. Rev. Code Ann. sec.
30.22.040(11) (West 1986) (RCWA 30.22.040(11)). In support of
that position, the estate asserts:
Depositors are defined in RCW 30.22.040(11) to include
Floy Christensen, both as the owner of the funds on
deposit and as a person authorized to sign on the joint
account, as well as her two children as people autho-
rized to sign on the joint account. The recipients of
the Gift Checks, as payees of the Gift Checks, are not
within the definition of depositor for the issues
presented in this case.
We reject the estate’s position. That position misconstrues
RCWA 30.22.130 and disregards the definition of the term “deposi-
tor” in RCWA 30.22.040(11) that is to apply for purposes of RCWA
30.22.130. RCWA 30.22.040(11) sets forth the following two
distinct definitions of the term “depositor”:
30.22.040. Definitions
(11) “Depositor”, when utilized in determining the
rights of individuals to funds in an account, means an
individual who owns the funds. When utilized in deter-
mining the rights of a financial institution to make or
withhold payment, and/or to take any other action with
regard to funds held under a contract of deposit,
“depositor” means the individual or individuals who
have the current right to payment of funds held under
the contract of deposit without regard to the actual
rights of ownership thereof by these individuals. * * *
In order to determine which of the foregoing two definitions
of the term “depositor” applies for purposes of RCWA 30.22.130,
it is necessary to determine whether the term “depositor” is used
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