Welch v. Lambert

HOUSTON, Justice.

Vickey Smith Welch, executrix of the estate of Lee Roy Smith, deceased, and the defendant, Virginia Smith Lambert, were half sisters. Smith was their father. At the time of Smith’s death in April 1991, a certificate of deposit was in the joint names “Lee Roy Smith or Virginia Smith Lambert,” with right of survivorship; and a checking account was in the joint names of “Lee Roy Smith and Virginia Smith Lambert,” with right of survivorship. After Smith’s death, Lambert withdrew the proceeds from the joint accounts and deposited them into her individual account.1 According to…