Estate of Floy M. Christensen - Page 19




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          institution.4                                                               
               We conclude that the protections accorded to Seafirst Bank             
          under the Act with respect to the withdrawals represented by the            
          November 1995 checks and the January 1996 checks that were signed           
          by either Mr. Christensen or Ms. Hastie as a joint account holder           
          of the Seafirst joint account had no bearing on the actual rights           


               4Assuming arguendo that we were to have concluded that the             
          meaning of the term “deposited funds” in Wash. Rev. Code Ann.               
          sec. 30.22.130 (West 1986) (RCWA 30.22.130) is the same as the              
          meaning of the terms “‘Depositor’s funds’ or ‘funds of a deposi-            
          tor’” in Wash. Rev. Code Ann. sec. 30.22.040(13) (West 1986)                
          (RCWA 30.22.040(13)), we nonetheless reject the position of the             
          estate that RCWA 30.22.130 “preserves rights as between Floy                
          Christensen and her children as to the ownership of the deposited           
          funds, which by definition are those funds remaining in the                 
          [Seafirst joint] account and would * * * exclude funds which had            
          been withdrawn from the joint account by the Gift Checks”.  RCWA            
          30.22.040(13) defines the terms “‘Depositor’s funds’ or ‘funds of           
          a depositor’” as follows:                                                   
               30.22.040.  Definitions                                                
                    (13) “Depositor’s funds” or “funds of a depositor”                
               means the amount of all deposits belonging to or made                  
               for the benefit of a depositor, less all withdrawals of                
               the funds by the depositor or by others for the deposi-                
               tor’s benefit, plus the depositor’s prorated share of                  
               any interest or dividends included in the current                      
               balance of the account and any proceeds of deposit life                
               insurance added to the account by reason of the death                  
               of a depositor.                                                        
          Contrary to the estate’s contention, the definition of the terms            
          “‘Depositor’s funds’ or ‘funds of a depositor’” does not exclude            
          all funds that would have been withdrawn from an account in a               
          financial institution.  The definition of those terms excludes              
          only those withdrawals “by the depositor or by others for the               
          depositor’s benefit”.  RCWA 30.22.040(13).  None of the November            
          1995 checks and the January 1996 checks represented a withdrawal            
          of decedent’s funds in the Seafirst joint account “by the deposi-           
          tor [decedent] or by others for the depositor’s [decedent’s]                
          benefit”.  RCWA 30.22.040(13).                                              




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