Ex Parte Lovett

We granted the petition for certiorari because the petitioner earnestly insists that the opinion of the Court of Civil Appeals is in conflict with § 5-5A-41, Ala. Code 1975, andHarris v. Dial, 398 So.2d 679 (Ala. 1981). We affirm.

As reflected in the opinion of the Court of Civil Appeals, the certificate of deposit was carried on the bank's records in the names of Cora Spruell or Betty Lovett. It was not disputed that the funds represented by the certificate were acquired by Mrs. Spruell upon the death of her husband. As between the claimants to the proceeds, here, the administratrix of the…