LITVINKO v. DOWNING

No. 76-225.

545 S.W.2d 616 (1977)

James LITVINKO, Appellant, v. Richard E. DOWNING and John E. Roussos, Appellees.

Supreme Court of Arkansas, Division 1.

January 17, 1977.


Attorney(s) appearing for the Case

Ben J. Harrison, Hot Springs, for appellant.

Glover, Sanders & Parkerson by J. E. Sanders, Hot Springs, for appellees.


GEORGE ROSE SMITH, Justice.

The question here is whether James Litvinko is entitled to retain the proceeds of two $5,000 certificates of deposit which belonged to his wife, payable on her death to her two adult sons, and which Litvinko, under a power of attorney, cashed during her terminal illness. The chancellor held that the money belongs to the two sons. Our statement of the case is greatly simplified by Litvinko's candid concession, through counsel, that he violated...

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