BANK IV TOPEKA v. TOPEKA BANK & TRUST CO.

No. 65,509

15 Kan. App. 2d 341 (1991)

807 P.2d 686

BANK IV TOPEKA, N.A., EXECUTOR OF THE ESTATE OF FLORENE E. LAUVER, Appellant, v. TOPEKA BANK & TRUST COMPANY, Appellee, and CAPITOL FEDERAL SAVINGS & LOAN ASSOCIATION, Defendant.

Court of Appeals of Kansas.

Opinion filed March 15, 1991.


Attorney(s) appearing for the Case

Eric W. Severson, of Irwin, Clutter & Severson, of Topeka, for the appellant.

Stuart Messer, of Glenn, Cornish, Hanson & Karns, of Topeka, for the appellee.

Before LEWIS, P.J., ELLIOTT and RULON, JJ.


Petition for review denied 248 Kan. 994 (1991).

LEWIS, J.:

Bank IV Topeka, N.A., in its capacity as executor of the estate of Florene E. Lauver, deceased, (hereinafter referred to as the executor) instituted this action to recover the proceeds of a certificate of deposit (CD) issued in the name of the deceased. The defendant, Topeka Bank & Trust Company, (Bank) claimed a lien on the CD. Appellee, Capitol Federal Savings & Loan Association, (Capitol...

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