Safeway Managing General Agency, Inc. for State and County Mutual Fire Insurance Company v. Clark & Gamble, Kenneth L. Clark, Sr., P.C., Kenneth L. Clark, William J. Clark and John R. Wondra--Appeal f

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Laws-info.com » Cases » Texas » 4th District Court of Appeals » 1998 » Safeway Managing General Agency, Inc. for State and County Mutual Fire Insurance Company v. Clark & Gamble, Kenneth L. Clark, Sr., P.C., Kenneth L. Clark, William J. Clark and John R. Wondra--Appeal f

State: Texas

Court: Texas Northern District Court

Docket No: 04-98-00130-CV

Case Date: 12/09/1998

Plaintiff: Denita Sanders

Defendant: Blockbuster, Inc.--Appeal from 136th District Court of Jefferson County

Preview:In re Estate of E. E. Patterson, Deceased--Appeal from
County Court of Taylor County
11th Court of Appeals
Eastland, Texas
Memorandum Opinion
In re Estate of E. E. Patterson, Deceased
No. 11-03-00070-CV -- Appeal from Taylor County
The trial court entered judgment that three certificates of deposit passed outside of the probate estate of E. E. Patterson
to his wife, Ruby Patterson, who is also now deceased. The administratrix of E. E.=s estate appeals, asserting in a sole
issue that the original account agreements did not extend to the certificates of deposit upon their renewal. We disagree
with that contention and affirm the trial court=s judgment.
The case was tried to the trial court upon a stipulated issue and stipulated facts. On October 10, 1989, March 28, 1990,
and April 4, 1991, the Pattersons acquired separate, one-year certificates of deposit from Sunbelt Savings, which was
subsequently succeeded by Bank of America. All three certificates of deposit were in the names of AE. E. Patterson or
Ruby Patterson.@ Separate signature cards were executed at the time of the original deposits. Both E. E. and Ruby
signed the account signature cards. On each signature card, a box was checked showing that the certificates of deposit
were owned as AJoint Tenants with Right of Survivorship, or If Spouses, Community Property with Right of
Survivorship.@ The special agreement acknowledged in each signature card stated as follows:
Community Property with Right of Survivorship Accounts and Joint Tenancy with Right of Survivorship Accounts.
The signatory parties agree that they own this account as joint tenants with right-of-survivorship, and that upon the
death of a party the survivor(s) shall own the entire account as separate and not community property.
The certificates of deposit were renewed annually and, at some point in time, were issued new account numbers, but
no new signature cards were executed. On the signature cards, the old account numbers were marked through, and the
new account numbers were written above.
We agree with the trial court=s finding that the Ajoint tenancy with right of survivorship agreements signed by [E. E.
and Ruby] were valid as to the >renewed= certificates of deposit existing at the time of [E. E.=s] death. The
certificate-of-deposit accounts constituted valid survivorship accounts under TEX. PROBATE CODE ANN. ch. XI
(Vernon 2003)(nontestamentary transfers). See Stauffer v. Henderson, 801 S.W.2d 858 (Tex.1990). Nothing in the
record suggests that a new signature card would be required upon renewal of the certificates of deposit, nor can we
find any statute or precedent imposing any such requirement. See Estate of Dillard, 98 S.W.3d 386 (Tex.App. -
Amarillo 2003, pet=n den=d); Evans v. First National Bank of Bellville, 946 S.W.2d 367 (Tex.App. - Houston [14th
Dist.] 1997, writ den=d). The sole issue on appeal is overruled.
The judgment of the trial court is affirmed.
TERRY McCALL
JUSTICE
October 2, 2003
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Not designated for publication. See TEX.R.APP.P. 47.2(a).
Panel consists of: Arnot, C.J., and
Wright, J., and McCall, J.
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