GEORGIA SAVINGS BANK AND TRUST COMPANY v. Sims

ORDER

O’KELLEY, District Judge.

This is a case of first impression under the law of Georgia.

Mrs. Josephine Lloyd, sister of Mrs. Alvina D. Sims, alleged that Mrs. Sims, now adjudicated incompetent, had deposited certain funds in a Certificate of Deposit and in a savings account as joint accounts with the intent that said funds should pass to Mrs. Lloyd upon Mrs. Sims’ death. By like reasoning, she contended that the funds should pass to her by virtue of such incompetency. The guardian of the estate of Mrs. Sims, her husband, J. Frank Sims, met the challenge by insisting that the account and…