Estate of Wilson

Opinion

KING, J.

In this case we hold that when a spouse deposits community property funds in a bank account in his name as trustee for a third person, upon that spouse’s death only one-half of the community property in the account is transmitted to the third person. The other one-half, being the surviving spouse’s share of community property, goes to the survivor even though he or she is already receiving more than one-half of the total community property of the parties.

Billy W. Bowens, a son of the decedent, and Mildred Tolliver, mother of two minor children of decedent, appeal from an order…