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SIMMONS v. FOSTER

622 S.W.2d 838 (1981)

John SIMMONS, Jr., Executor of the Estate of John F. Simmons, Plaintiff-Appellant, v. Everett FOSTER, Bertie Hopkins Cowden and the First National Bank of Petersburg, Tennessee, Defendants-Appellees.

Court of Appeals of Tennessee, Middle Section.

Permission to Appeal Denied November 2, 1981.

Attorney(s) appearing for the Case

Rondal T. Wilson, Wilson & Hunt, Shelbyville, Pat M. Fraley, Fayetteville, for plaintiff-appellant.

Chas. W. Wade, Lewisburg, Robert W. Simms, Simms & Simms, Robt. W. Stevens, Stevens, Bagley & Stevens, Fayetteville, for defendants-appellees.

Permission to Appeal Denied by Supreme Court November 2, 1981.

OPINION

CANTRELL, Judge.

The issue in this case is the right of the surviving party to a joint bank account as against the executor of the estate of the decedent. The executor claims that the transfers to the joint accounts were void because of a confidential relationship and that, in any event, the accounts were not survivorship accounts.

The appellant is the executor of the...

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