Whittington v. Gilbralter Savings & Loan Ass'n (In re Spain)

MEMORANDUM OPINION

STEPHEN B. COLEMAN, Bankruptcy Judge.

The mystery in this case is, “where is Mrs. Spain’s right of survivorship?” and if she has lost it, “how did she do it”?

An apology must go to the Court of Appeals for not properly bringing before the Court the facts which rival the confusion discussed by Dickens in his novel, Bleak House. There were many ways to decide this case, but the Court conceived that the unanswered question of the trustee's lack of title needed to be dealt with, and was one of the main reasons for denying the trustee’s Complaint.

Mrs. Spain is a long-time school…