Citizens Exchange Bank of Pearson v. Kirkland

Clarke, Presiding Justice.

Mr. Sears, now deceased, bought a certificate of deposit from the Citizens Exchange Bank issued to “Mr. or Mrs. L. F. Sears.” Later, he had her name removed from the CD. Mr. Sears died in 1982. Mrs. Kirkland is his executrix. Mrs. Sears filed an action against Mrs. Kirkland and the bank seeking a declaratory judgment regarding ownership of the CD. Mrs. Kirkland was named as a defendant because she is executrix under the will. Mrs. Kirkland did not answer, and the bank answered that it was a neutral party. The court entered a judgment on the pleadings, declaring that…