First National Bank v. Cooper

Marshall, Presiding Justice.

Buryi Cooper — under a general power of attorney from his father, Carlos Cooper — assigned to the appellant bank a certificate of deposit (C/D) of his father’s to secure Buryi’s personal loan. The father, Carlos, died a month later, and the executor of his will, Brent Cooper, brought this action against the bank and Buryi to enjoin the application of the C/D to Buryi’s personal debt, and to release and return the C/D so that he may administer the estate of Carlos Cooper. The power of attorney gave Buryi the power to “buy, sell, mortgage, contract, hypothecate and…