Estate of Sylvia Gore, Donor, Deceased, Pamela Powell, Personal Representative - Page 49




                                       - 49 -                                         
               We begin our analysis of the alleged property transfers by             
          examining whether decedent relinquished all incidents of                    
          ownership, dominion, and control over the Marital Fund assets               
          when she executed the assignment on January 8, 1997.                        
               The Marital Fund assets consisted primarily of stocks,                 
          bonds, and bank and investment accounts.  Under Oklahoma law, the           
          owner of stock is presumed to be the person in whose name shares            
          of stock are registered or to whom stock certificates are issued.           
          Davis v. Natl. Bank of Tulsa, supra at 483; Frazier v. Okla. Gas            
          & Elec. Co., supra at 14; Okla. State Bank of Ada v. Cole, 38               
          P.2d 914, 916 (Okla. 1934).  If a financial institution holds               
          funds in an account registered to a customer, a presumption                 
          arises under Oklahoma law that the funds are owned by the                   
          customer whose name appears on the account.  Barry v. Phillips,             
          supra at 1045; Taliaferro v. Reirdon, 99 P.2d 500, 503 (Okla.               
          1940); Hastings v. Hugo Natl. Bank, 197 P. 457 (Okla. 1921).                
               As of June 12, 1997, either decedent’s name or Sidney Gore’s           
          name appeared on the stock certificates of all stocks included in           
          the Marital Fund and on most, if not all, of the other assets in            
          the Marital Fund.45  The record is devoid of any credible                   


               45We cannot unequivocally state that “all” assets of the               
          Marital Fund property were titled to decedent or Sidney Gore                
          because the record does not establish in whose name, if any, the            
          State of Israel bonds, savings bonds, Treasury notes, Commercial            
          Federal CD, and GRDA bond No. 4 were titled or registered during            
          1997.                                                                       





Page:  Previous  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  Next 

Last modified: November 10, 2007