JOHNSON v. NORTHWESTERN BANK

No. 7523SC243.

218 S.E.2d 722 (1975)

27 N.C. App. 240

Judy Phillips JOHNSON, Administratrix of the Estate of Henry Lewis Phillips v. The NORTHWESTERN BANK and Opel Phillips Eller.

Court of Appeals of North Carolina.

October 15, 1975.


Attorney(s) appearing for the Case

Simpson, Martin, Baker & Aycock by Daniel R. Simpson and Samuel E. Aycock, Morganton, for plaintiff-appellant.

William H. McElwee, III, North Wilkesboro, for defendant-appellee, Opel Phillips Eller.

Bradley J. Cameron for defendant-appellee, The Northwestern Bank.


PARKER, Judge.

No dispute exists and the pleadings and affidavits of both parties establish that plaintiff's intestate and his sister, the individual defendant, both signed the joint account agreement covering the bank account here in question, that this agreement expressly provides that in case of the death of either of the parties the survivor shall be the sole owner of the entire account, and that the agreement is in a form which brings it fully within the purview...

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