Citizens Exchange Bank of Pearson v. Kirkland

256 Ga. 71 (1986)

344 S.E.2d 409

CITIZENS EXCHANGE BANK OF PEARSON

v.

KIRKLAND.

43174.

Supreme Court of Georgia.

Decided June 18, 1986.

Jack J. Helms, Willis H. Blacknall III, for appellant.

Charles R. Reddick, for appellee.

CLARKE, Presiding Justice.

Mr. Sears, now deceased, bought a certificate of deposit from the Citizens Exchange Bank issued to "Mr. or Mrs. L. F. Sears." Later, he had her name removed from the CD. Mr. Sears died in 1982. Mrs. Kirkland is his executrix. Mrs. Sears filed an action against Mrs. Kirkland and the bank seeking a declaratory judgment regarding ownership of the CD. Mrs.…