Clark v. Jefferson Federal Savings & Loan Ass'n of Birmingham

ALMON, Justice.

Jefferson Federal Savings and Loan Association filed suit against Robert F. Clark, in his capacity as administrator of the estate of Dr. William E. McKee, for money it had erroneously paid to the estate. The *466trial court granted Jefferson Federal a summary judgment, from which Clark appeals.

When Dr. McKee died on March 16,1981, he had $23,421.55 in his savings account with Jefferson Federal. At the same time, he had two notes outstanding that totaled $14,885.50 payable to Jefferson Federal, a debt which was secured by his savings deposit. As administrator, Clark requested…