TUCKER v. MERCHANTS BANK

No. 3-77.

382 A.2d 212 (1977)

Neal V. TUCKER v. MERCHANTS BANK et al.

Supreme Court of Vermont.

December 20, 1977.


Attorney(s) appearing for the Case

Angell & Angell, Randolph, for plaintiff.

Gary D. McQuesten and David L. Cleary of Richard E. Davis Associates, Inc., Barre, for defendant Estate.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


BARNEY, Chief Justice.

The plaintiff sought to withdraw funds on deposit in the defendant bank after the death of his mother, the depositor. The bank refused to honor the withdrawal request. Mrs. Tucker had other children and so her estate has made claim to the deposit. On suit, the trial court found a surviving joint interest in the plaintiff entitling him to the balance of the account. The appeal is by the Alyce R. Tucker Estate.

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