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THURSTON v. MAGGARD

Record No. 780206.

263 S.E.2d 64 (1980)

Mildred Lucretia THURSTON v. Charles J. MAGGARD, Jr., etc., et al.

Supreme Court of Virginia.

February 29, 1980.

Attorney(s) appearing for the Case

G. M. Weems, Ashland, for appellant.

Fred A. Talbot, Richmond (Bremner, Baber & Janus, Richmond, on brief), for appellees.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, POFF and COMPTON, JJ.

COCHRAN, Justice.

This appeal involves funds held in a joint savings account in the names of a depositor "or" his niece under a signature card providing that upon the death of either, title to the deposit shall vest in the survivor. The question is whether the niece was entitled to the funds upon the death of the depositor.

On February 20, 1976, Charlie J. Maggard died intestate, leaving as his sole heir-at-law his son, Charles J. Maggard, Jr., who duly qualified...

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