SMITH v. SMITH

No. 605.

120 S.E.2d 575 (1961)

255 N.C. 152

Cassie Lee SMITH v. Charlie H. SMITH, Peoples Savings & Loan Association of Wilmington, N. C., and First Citizens Bank & Trust Co. of Clinton, N. C.

Supreme Court of North Carolina.

June 16, 1961.


Attorney(s) appearing for the Case

Clark, Clark & Grady, Elizabethtown, for plaintiff, appellant.

Hester & Hester, Elizabethtown, for defendant, appellee.


MOORE, Justice.

Plaintiff excepts to the signing of the judgment and contends that, upon the facts admitted and stipulated, she is entitled to one-half of the deposits in question.

The deposit in the First-Citizens Bank and Trust Company is in the name of "Charles H. Smith or Cassie Smith."

Under the laws in this jurisdiction, nothing else appearing, money in the bank to the joint credit of husband and wife belongs one-half to the husband and one-half...

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