CONTINENTAL BANK AND TRUST COMPANY v. KIMBALL

No. 11125.

442 P.2d 472 (1968)

21 Utah 2d 152

The CONTINENTAL BANK AND TRUST COMPANY, Administrator, d/b/n with Will Annexed of the Estate of Walter D. Thomas, Plaintiff and Appellant, v. Clisbee KIMBALL, Administrator of the Estate of Fern K. Thomas, Zions Savings & Loan Association; American Savings & Loan Association, Utah Savings & Loan Association, Deseret Federal Savings & Loan Association; Prudential Federal Savings & Loan Association, and State Savings & Loan Association, Defendants and Respondents.

Supreme Court of Utah.

June 12, 1968.


Attorney(s) appearing for the Case

Dale E. Anderson, of Fabian & Clendenin, Salt Lake City, for appellant.

Arthur H. Nielsen, of Nielsen, Conder, Hansen & Henriod, Joseph S. Nelson, Salt Lake City, for respondents.


ELLETT, Justice:

The appellant brought an action to bring into the estate of Walter D. Thomas some accounts in various savings and loan institutions standing in the joint names of Walter D. Thomas and Fern K. Thomas. The sole issue on appeal is whether the appellant can introduce evidence to alter the apparent contractual relationship in connection with those joint accounts.

Mr. Thomas died September 27, 1965, and subsequently thereto, during the probate of...

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