GAINES v. ROBERTS

1910061.

599 So.2d 610 (1992)

Billy D. GAINES, as Executor of the Estate of Maggie Gaines, Deceased v. Ann G. ROBERTS, et al.

Supreme Court of Alabama.

May 29, 1992.


Attorney(s) appearing for the Case

John B. Barnett III of Barnett, Bugg & Lee, Monroeville, for appellant.

David T. Hyde, Jr., Evergreen, and J. Milton Coxwell, Jr., Monroeville, for appellees.


MADDOX, Justice.

The trial court, after hearing ore tenus evidence, found that a son whose name was placed on bank accounts and certificates of deposit of his aged and infirm mother had to account to his mother's estate for his personal use of these funds even though the accounts and certificates of deposit were held jointly with a right of survivorship. We affirm the judgment on the basis of the ore tenus presumption that attaches to the trial court...

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