McHenry v. First National Bank & Trust Co.

Plaintiff-appellant, John M. McHenry, personal representative of the estate of Robert W. Redding, deceased, filed this action against First National Bank & Trust Company of Lincoln, defendant-appellee, claiming that First National negligently transferred funds out of the estate’s checking account to one not empowered to receive them. The trial court entered a summary judgment in favor of First National, dismissing McHenry’s suit. We reverse and remand for further proceedings consistent with this opinion.

On April 28, 1980, the deceased executed a document granting his daughter, Joanna Mitchell…