In Fletcher v. Whitaker, a brother withdrew $25,000 from a joint bank account while the owner of the funds (decedent) was still alive. No. 02-17-00138-CV, 2018 Tex. App. LEXIS 8329 (Tex. App.—Fort Worth October 11, 2018, no pet. history). The parties to the joint account were the decedent and
joint account
Court Affirmed Fiduciary Duty Jury Instruction In Claim Against Bank
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Garrett v. First State Bank Central Texas, John established an account with a bank and later added Garrett, who was assisting John with paying bills. No. 10-14-00344-CV, 2016 Tex. App. LEXIS 4765 (Tex. App.—Waco May 5, 2016, no pet. history). John and Garrett went into the bank to…
An Estate Had No Breach of Contract Claim Against A Bank Arising From A Joint Account Where The Estate Was Not Damaged
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In Bank of America, N.A. v. Eisenhauer, a husband and wife set up a certificate of deposit account with a bank where the account was a survivorship account and also had payable on death beneficiaries. No 14-0486-CV, 2015 Tex. LEXIS 1005 (Tex. October 30, 2015). So, after one spouse…