Administrative Law Keyed to Lawson
Franklin v. Anna National Bank of Anna
Whitehead and Goddard went to a bank on April 17, 1978. Goddard signed a signature card for a savings account. According to Goddard, the two went to the bank to have Whitehead’s money put in both their names so she could get money when they needed it. She claimed that Goddard wanted her to have the money if she outlived him. The signatures of Whitehead and Goddard appeared on both sides of the card. The name of Whitehead’s late wife was “whited out” on the card and Goddard’s signature was added. The back of the card stated that all funds deposited are owned by signatories as joint tenants with rights of survivorship. The plaintiff began to care for Whitehead later in 1978. In January of 1979, nine months after adding Goddard’s name to the savings account, Whitehead attempted to remove Goddard’s name and substitute Franklin’s name. In a letter dated January 13, 1979, Whitehead wrote, “I Frank Whitehead want Enola Stevens and me only go in my lock box. Account type Sa ving and Checking. In case I can’t see she is to take care of my bill or sick.” Goddard testified that she did not make any deposits or withdrawals.
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