Johnson v. Capitol Federal Savings & Loan Assoc.

The opinion of the comb was delivered by

Fontron, J.:

The plaintiff, Marvin E. Johnson (Marvin), has appealed from a judgment in which the trial court held that the executrix of the last will and testament of Viola Mae Johnson (Mrs. Johnson) was entitled to the proceeds of a $15,000 joint savings account in the Capitol Federal Savings & Loan Association (Capital Federal). The account was evidenced by certificate of deposit which the Exchange Bank of Schmidt & Koester (the bank) had in its possession.

Mrs. Johnson acquired the certificate March 31, 1970, with her own funds, having it issued in…