Motley v. Sanders

Because I conclude that the majority opinion has misconstrued § 36-4-7, I must respectfully dissent from the majority’s opinion holding that the time deposit accounts were with a right of survivorship. It is undisputed that the time deposit account receipts did not have words of survivorship. I rely on our supreme court’s holding in Leonard v. Beverly, 563 So.2d 1026 (Ala.1990), and conclude that the account receipts are complete on their face and that the extrinsic evidence of the time deposit agreement and the intention of the parties is not admissible because it is irrelevant evidence. The…