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SNODGRASS v. LYNDON STATE BANK

No. 65,777

15 Kan. App. 2d 546 (1991)

811 P.2d 58

HELEN SNODGRASS, Individually and as Administrator of the Estate of MARION E. SNODGRASS, deceased, Appellee/Cross-Appellant, v. LYNDON STATE BANK, Defendant, and MARTHELLE KELLER, Appellant/Cross-Appellee.

Court of Appeals of Kansas.

Opinion filed May 10, 1991.

Attorney(s) appearing for the Case

Janet C. Walsh and Patrick G. Walsh, of Burns & Burns, P.A., of Lyndon, for appellant/cross-appellee.

Thomas H. Sachse, of Green & Sachse, Chartered, of Ottawa, for appellee/cross-appellant.

Charles N. Henson, of Davis, Wright, Unrein, Hummer & McCallister of Topeka, for amicus curiae The Kansas Bankers Association.

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

RULON, J.:

Marthelle Keller, defendant, appeals the district court's grant of summary judgment to Helen Snodgrass, administratrix of the estate of Marion Snodgrass, plaintiff, which declared invalid a payable-on-death (POD) account established by Marion naming Marthelle as beneficiary. We reverse and remand with directions.

We must decide if a POD account, on which a third party is designated as beneficiary, is subject to attack by a nonconsenting surviving...

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