McCarty v. First State Bank & Trust Co.

This case involves the validity of a joint tenancy with right of survivorship bank account. The trial court found the account to be a survivorship account. We disagree and reverse.

Margaret McCarty is the second cousin of the deceased, Fannie Holmes Donald; she also is Donald’s adopted daughter. S.L. Holmes is Donald’s nephew.

Donald lived in a nursing home for several years before her death. She executed a power of attorney in favor of McCarty. In 1978, without consulting McCarty, Donald executed a partial revocation of the power of attorney. She also executed a deed of minerals to Leon Lewis…