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McCARTY v. FIRST STATE BANK & TRUST CO.

No. 9505.

723 S.W.2d 792 (1987)

Wyndel McCARTY and wife, Margaret McCarty, Appellants, v. FIRST STATE BANK & TRUST COMPANY, Carthage, Texas, and S.L. Holmes, Appellees.

Court of Appeals of Texas, Texarkana.

January 13, 1987.

Attorney(s) appearing for the Case

Tom Bankhead, Bankhead, Davis & Davidson, Carthage, for appellants.

J.E. Jackson, Carthage, for First State Bank.

Robert Underwood, Carthage, for S.L. Holmes.

PER CURIAM.

This case involves the validity of a joint tenancy with right of survivorship bank account. The trial court found the account to be a survivorship account. We disagree and reverse.

Margaret McCarty is the second cousin of the deceased, Fannie Holmes Donald; she also is Donald's adopted daughter. S.L. Holmes is Donald's nephew.

Donald lived in a nursing home for several years before her death. She executed a power of attorney in favor of...

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