Armstrong v. Roberts

OPINION

ANN CRAWFORD McCLURE, Justice.

Terry L. Armstrong and Ronald Kemp (collectively Armstrong) appeal a declara tory judgment in favor of their aunt, Mary Lou Garrison. We affirm in part and reverse in part.

FACTUAL SUMMARY

This controversy surrounds the death of John C. Roberts on February 3, 2003. Roberts fathered two daughters, Mary Lou Garrison and Mamie Jo Kemp. In 1994, Roberts granted Mary Lou a power of attorney. Based on that authority, Mary Lou purchased three certificates of deposit and designated the payees on death for each: (1) a $60,000 certificate of deposit payable on death…