Stauffer v. Henderson

I respectfully dissent. The court’s holding construing section 439(a) of the Probate Code to require more than “payable to the survivor” or similar language for the funds to be presumptively vested in the survivor is contrary to legislative intent, produces a result inconsistent with the prior actions of this court, and elevates “magic words” over the common sense approach previously used to protect depositors’ intentions from legalisms. I would reverse the judgments of the trial court and court of appeals and render judgment for Mary K. Stauffer.

Legislative Intent for “Makes To Survive”

The…