Campbell v. Colonial Bank

Because I conclude that the trial court erred in entering summary judgment for the bank and for the Álens, I must respectfully dissent.

The trial court concluded that § 5-5A-41, Ala.Code 1975, shields the bank from liability for paying the proceeds of the two bank accounts to the Allens. Section 5-5A-41 states in pertinent part,

“(a) Any deposit heretofore or hereafter made in any bank in the names of two or more persons payable to any of such persons, upon the death of either of said persons, may be paid by the bank to the survivors jointly, irrespective of whether or not:

“(1) The form of the…