Estate of Fanning v. Estate of Fanning

Before she died intestate, Wildus Fanning purchased a $10,000.00 and a $5,000.00 certificate of deposit. Both certificates were made out to Wildus Fanning or her daughter, Marcella Seavey, “either of them with the right of survivorship and not as tenants in common.” After Wildus Fanning’s death, these certificates were found in her safe deposit box at the bank. They were delivered to Marcella Seavey. The administrators of Wildus Fanning’s estate brought this action for possession of the certificates.

The facts were stipulated before the trial court. No signature cards or deposit agreements had…