Tucker v. Merchants Bank

The plaintiff sought to withdraw funds on deposit in the defendant bank after the death of his mother, the depositor. The bank refused to honor the withdrawal request. Mrs. Tucker had other children and so her estate has made claim to the deposit. On suit, the trial court found a surviving joint interest in the plaintiff entitling him to the balance of the account. The appeal is by the Alyce R. Tucker Estate.

The facts are important. In November, 1972, Alyce R. Tucker withdrew the money from her savings account and deposited it in a so-called 90-day notice account, along with some other funds.…