HORNSBY v. FIDELITY NATIONAL BANK OF BATON ROUGE

No. 8144.

243 So.2d 96 (1970)

Leona W. HORNSBY v. FIDELITY NATIONAL BANK OF BATON ROUGE.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied February 5, 1971.

Writ Refused March 24, 1971.


Attorney(s) appearing for the Case

Robert L. Kleinpeter, Baton Rouge, for appellant.

Hamlet D. May, of White & May, Roy F. Cangelosi, Jr., of Kizer, Heaton & Cangelosi, Baton Rouge, for appellee.

Before LANDRY, ELLIS and BLANCHE, JJ.


LANDRY, Judge.

Intervenor-appellant, The Succession of Hillery H. Hornsby, appearing through Lula Hornsby, Executrix, appeals the judgment of the lower court enjoining defendant, Fidelity National Bank of Baton Rouge (Fidelity), from depleting an account in said decedent's name to an amount less than $2,500.00, which sum is claimed by plaintiff, Leona W. Hornsby, surviving widow of decedent, pursuant to LSA-R.S. 9:1513. We reverse the judgment rendered below.

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