Mathews v. Warren

O’QUINN, Justice.

Guy G. Mathews, as administrator of the estate of his great-aunt, Delia I. Worcester, deceased, brought this lawsuit against Lena Mae Warren alleging conversion of a certificate of deposit account in a savings institution in the sum of $16,000, an account maintained “in the name of Delia I. Worcester and Lena Mae Warren.” The administrator also sought exemplary damages and attorney’s fees.

Defendant answered setting up several defenses, including the theories of survi-vorship and completed gift, and a third-party beneficiary theory. The cause was tried before the court without…