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LIETZMAN v. RUIDOSO STATE BANK

No. 19571.

827 P.2d 1294 (1992)

Carolyn G. LIETZMAN, individually, and Gary L. Smart, as Personal Representative for the Estate of Robert W. Lietzman, Deceased, Plaintiffs-Appellees, v. RUIDOSO STATE BANK, a New Mexico banking corporation, and Fred R. Heckman, Jr., Defendants-Appellants.

Supreme Court of New Mexico.

March 10, 1992.

Attorney(s) appearing for the Case

Kemp, Smith, Duncan & Hammond, John P. Eastham, Charlotte Lamont, Albuquerque, for defendants-appellants.

Calvin Hyer, Jr., Albuquerque, for plaintiff-appellee Smart.

J.S. Campbell & Associates, John S. Campbell, Albuquerque, for plaintiff-appellee Lietzman.

OPINION

RANSOM, Chief Justice.

This suit arises out of failed efforts by Carolyn Lietzman to prevent the withdrawal of funds from an account at the Ruidoso State Bank after the death of her husband, Robert Lietzman. Carolyn Lietzman claimed that funds in the O-Bar-O Property Development account belonged to her and her husband even though neither of their names appeared on the account signature card maintained by the Bank. The only signatory was Fred Heckman...

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