ESTATE OF PETTYJOHN v. BALLARD

No. CA 83-31.

661 S.W.2d 406 (1983)

10 Ark.App. 34

ESTATE OF Mae PETTYJOHN, Appellant, v. Jimmie Lynn BALLARD and the Citizens of Batesville, Appellees.

Court of Appeals of Arkansas, Division II.

Rehearing Denied December 21, 1983.


Attorney(s) appearing for the Case

Boyette, Morgan & Millar, P.A. by G. Michael Millar, Searcy, for appellant.

Blair & Stroud, for Jimmie Ballard, Batesville by Robert D. Stroud.

Highsmith, Gregg, Hart, Farris & Rutledge, Batesville by John C. Gregg, for Citizens Bank of Batesville.


CLONINGER, Judge.

The question at issue on this appeal is whether the execution of a "Depositor's Notice of Penalty for Payment of Time Deposit Before Maturity" constitutes substantial compliance with the "designate in writing" requirement of Ark.Stat.Ann. § 67-552 (Supp.1981). We hold that there was no substantial compliance with the statute, and we reverse the finding of the trial court.

Ark.Stat.Ann. § 67-552 provides as follows:

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