Abernathy v. Latham ex rel. Estate of Hopkins

CURETON, Judge:

The respondents filed this action seeking an accounting and the surrender of certificate of deposit accounts, opened on behalf of Annie G. Hopkins (decedent), which Virginia Dunn Latham claimed by right of survivorship. The trial court granted the respondents’ request, finding the funds passed under the residuary clause of Hopkins’ will. Latham appeals. We reverse.

FACTS & PROCEDURAL BACKGROUND

Between 1984 and 1986,1 decedent opened approximately ten certificate of deposit accounts and named Latham as the joint account2 holder of each account. Decedent contributed all the funds…