Burks v. Burks

Griffin Smith, Chief Justice.

The issue is whether two checks drawn in an unusual manner against the maker’s sufficient bank balance vested property rights in the payee, or whether express wishes of the maker, who acted in expectation of death, should be disregarded. If the latter course should be pursued the administrator would take charge of the money, paid into court when Peoples National Bank filed its interplea.

Following a protracted illness having its inception prior to November, 1951, [Mrs.] Ella Mae Burks died intestate December 15, 1951. She had been attended by her warm personal…