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JOHNSON v. CAPITOL FEDERAL SAVINGS & LOAN ASSOC.

No. 47,259

215 Kan. 286 (1974)

524 P.2d 1127

MARVIN E. JOHNSON, Appellant, v. CAPITOL FEDERAL SAVINGS & LOAN ASSOCIATION; THE EXCHANGE BANK OF SCHMIDT & KOESTER; and SYLVESTER SCHMIDT; EDNA HICKS, as Executrix of the Will of Viola Mae Johnson, Deceased, Intervener; and WILLIAM L. JOSEPH, Appellees.

Supreme Court of Kansas.

Opinion filed July 17, 1974.

Attorney(s) appearing for the Case

C. Bruce Works, of Topeka, argued the cause and was on the brief for the appellant.

Kenneth V. Moses, of Moses & Reeves, of Marysville, argued the cause, and Tom M. Reeves, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

FONTRON, J.:

The plaintiff, Marvin E. Johnson (Marvin), has appealed from a judgment in which the trial court held that the executrix of the last will and testament of Viola Mae Johnson (Mrs. Johnson) was entitled to the proceeds of a $15,000 joint savings account in the Capitol Federal Savings & Loan Association (Capital Federal). The account was evidenced by certificate of deposit which the Exchange Bank of Schmidt...

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