Simmons v. Foster

OPINION

CANTRELL, Judge.

The issue in this case is the right of the surviving party to a joint bank account as against the executor of the estate of the decedent. The executor claims that the transfers to the joint accounts were void because of a confidential relationship and that, in any event, the accounts were not survivorship accounts.

The appellant is the executor of the estate of John F. Simmons who died on the 16th day of May, 1977. Mr. Simmons was the brother-in-law and second cousin of the defendant Bertie Hopkins Cowden. Mrs. Cowden lived with her sister and Mr. Simmons for most of the…