Thurston v. Maggard

This appeal involves funds held in a joint savings account in the names of a depositor “or” his niece under a signature card providing that upon the death of either, title to the deposit shall vest in the survivor. The question is whether the niece was entitled to the funds upon the death of the depositor.

On February 20, 1976, Charlie J. Maggard died intestate, leaving as his sole heir-at-law his son, Charles J. Maggard, Jr., who duly qualified as administrator of the estate. For seventeen years until Maggard’s death his niece, Mildred Lucretia Thurston, had resided with him in his home.…