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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.
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