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FRANKLIN v. ANNA NATIONAL BANK

No. 5-85-0308.

140 Ill. App.3d 533 (1986)

488 N.E.2d 1117

ENOLA STEVENS FRANKLIN, as Ex'r of the Estate of Frank A. Whitehead, Deceased, Plaintiff and Counterdefendant-Appellant, v. THE ANNA NATIONAL BANK OF ANNA, Defendant and Counterplaintiff (Enola Stevens Franklin, Ex'r of the Estate of Frank A. Whitehead, Deceased, et al., Counterdefendants; Cora T. Goddard, Intervening Counterplaintiff-Appellee).

Appellate Court of Illinois — Fifth District.

Rehearing denied February 27, 1986.

Attorney(s) appearing for the Case

C. Robert Hall, of Carbondale, for appellant.

William Rudert and James L. Karraker, both of Law Office of James L. Karraker, of Anna, for appellee.

Reversed and remanded.

JUSTICE WELCH delivered the opinion of the court:

Plaintiff, Enola Stevens Franklin, as executor of the estate of Frank A. Whitehead, deceased, commenced this action in the circuit court of Union County against defendant Anna National Bank, alleging that the funds in a joint savings account were the property of the estate. The bank interpleaded Cora Goddard, who asserted her right to the money as the surviving joint owner. After a bench...

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