Adverse claims to contents of safe deposit box.

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(1) A lessor shall not deny access to a safe deposit box to its lessee unless the claim of said lessee is adverse within the terms of this section. A claim shall be considered adverse when:

  1. The lessor is directed to deny such access by a court order issued in an action inwhich the lessee is served with process and named as a party by a name which identified him with the name in which the safe deposit box is leased; or

  2. The safe deposit box is leased or the property is held in the name of a lessee with theaddition of words indicating that the contents or property are held in a fiduciary capacity for a named beneficiary and the adverse claim is supported by a sworn written statement of facts disclosing that it is made by or on behalf of such a beneficiary and that there is reason to know that the fiduciary may misappropriate the trust property; or

  3. One of several lessees claims, contrary to the terms of the lease, an exclusive right ofaccess, or when one or more persons claim a right of access as agents or officers of a lessee to the exclusion of others as agents or officers, or when it is claimed that a lessee is the same person as one using another name.

Source: L. 59: p. 666, § 7. CRS 53: § 122-8-8. C.R.S. 1963: § 122-7-8.


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