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McCARTY v. STATE BANK OF FREDONIA

No. 64,105

14 Kan. App. 2d 552 (1990)

795 P.2d 940

MARY McCARTY and TIMOTHY R. EMERT, ADMINISTRATOR C.T.A. OF THE ESTATE OF RALPH L. McCARTY, DECEASED, Appellees, v. STATE BANK OF FREDONIA and CLARENCE A. McCARTY, Appellants.

Court of Appeals of Kansas.

Opinion filed July 13, 1990.

Attorney(s) appearing for the Case

David K. Clark, of Fredonia, for appellant Clarence McCarty.

Rex A. Lafferty, of Fredonia, for appellant Bank of Fredonia.

William J. Kelly, of Independence, for appellee Mary McCarty.

Timothy R. Emert, of Scovel, Emert, Heasty & Chubb, of Independence, appellee pro se.

Before BRAZIL, P.J., LARSON, J., and DAVID S. KNUDSON, District Judge, assigned.

LARSON, J.:

Clarence McCarty, the named beneficiary of an individual retirement account held by his deceased brother, Ralph McCarty, appeals from the entry of summary judgment in favor of Ralph's wife, Mary McCarty, in an action to recover the proceeds of the account.

In 1982, Ralph created an IRA pursuant to 26 U.S.C. § 408 (1988), with the Fredonia State Bank. At the time of Ralph's death in 1987, his brother Clarence was the designated beneficiary...

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