[Download] "Park v. Mcclemens" by Supreme Court of Arkansas # eBook PDF Kindle ePub Free
eBook details
- Title: Park v. Mcclemens
- Author : Supreme Court of Arkansas
- Release Date : January 04, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This litigation is concerned with the ownership of several bank accounts. Appellant, as the survivor, claimed title to four
bank accounts upon the death of her aunt on the ground that they were joint accounts. The trial court held against her contention,
hence this appeal. The facts which are somewhat involved but not materially in dispute are substantially as hereinafter set
forth. Mrs. Janie Witten who owned and managed a modest business in Texarkana for many years died testate July 31, 1958, and the
appellee, John William McClemens, was appointed the executor of her estate. Prior to her death, on April 24, 1957, Mrs. Witten
executed a will in which she left part of her estate to another niece, [231 Ark Page 984] Ida Jo McClemens who is at this
time a student in school. During several years Mrs. Witten had deposited funds from time to time in two separate banks in
Texarkana, which funds are the subject of this litigation. At the time of her death there were these accounts: In the State
National Bank there was Savings Account No. 4619 in the amount of $2,259.63 and a checking account in the amount of $2,639.15.
In the Texarkana National Bank there was Savings Account No. 4931 in the amount of $2,159.59 and a checking account in the
amount of $1,533.90. All the above mentioned funds were placed in the banks by Mrs. Witten and were there held in her name
until about the 8th day of August of 1957 when she and appellant signed signature cards which were delivered to the banks.
Thereafter the banks placed appellant's name on each account record along with the name of Mrs. Witten which had been there
all along. It is, of course, the contention of appellant in this litigation that the effect of placing her name on the above
accounts constituted her a joint owner with the right of survivorship.