Peters v. Peters

NEELY, Justice:

This appeal resulted from a suit brought by Patricia L. Peters (“Patricia”) who alleged that the Whitesville State Bank (“the Bank”) improperly paid out to the decedent John Lewis Peters (“John”), Patricia’s late husband, the proceeds of certain bank accounts held jointly by Patricia and John. On cross motions for summary judgment, the Circuit Court of Boone County, relying on W.Va. Code 31A-4-33 [1993], awarded judgment to the Bank, holding that the Bank was not liable to Patricia as a matter of law under the facts and circumstances presented. Patricia’s appeal followed.

The…