GROTH v. MARTEL

No. 2 CA-CIV 3305.

126 Ariz. 102 (1979)

612 P.2d 1065

John F. GROTH, Plaintiff/Appellant, v. Wanda M. MARTEL, Defendant/Appellee. George GRADY, as Personal Representative of the Estate of Delta Whitehead, Deceased, and Wanda Martel, Plaintiffs/Appellees, v. John F. GROTH and Tucson Church of the Brethren, an association, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 29, 1980.

Review Denied June 17, 1980.


Attorney(s) appearing for the Case

L. Tipton Jackson, Jr., Tucson, for defendants/appellants Groth and Tucson Church of the Brethren.

Donald Estes, Tucson, for plaintiffs/appellees Grady, Estate of Delta Whitehead, and Wanda Martel.


OPINION

RICHMOND, Chief Judge.

In this appeal from a judgment in consolidated cases, appellant John F. Groth relies on A.R.S. § 14-6104 governing right of survivorship in certain nonprobate transfers, which provides in material part:

Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear...

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