Sawyer v. Lancaster

OPINION

JACK SMITH, Justice.

This is an appeal from a summary judgment holding that certain funds of a decedent held in a joint account with rights of survivorship were not part of the decedent’s estate, and therefore belonged to appellee.

In one point of error, appellant contends that the trial court erred in holding that the proceeds of the account passed to appellee, the surviving depositor of a joint account, because the bank signature card did not meet the requirements of Tex.Prob.Code Ann. sec. 439(a) (Vernon 1980).

Appellee responds that the bank signature card was sufficient to create a…