FIRST STATE BANK AND TRUST CO., CARTHAGE, TEXAS v. McCarty

Two issues are presented in this case concerning a purported designation of joint tenancy with right of survivorship as to a bank account. The first issue is whether the instrument designating survivorship complied with section 439 of the Texas Probate Code. The second issue involves rendering judgment on appeal without disposing of all causes of action.

Margaret and Wyndel McCarty, devisees under the will of Fannie Holmes Donald, sued First State Bank and Trust Company, Carthage, Texas, for its having surrendered the proceeds of Donald’s bank account, at her death, to S.L. Holmes. The bank…