Saxon v. Pickett

Summary

The Alabama Supreme Court affirmed a probate court ruling that a certificate of deposit held in the names of C.W. Pickett and A.J. Pickett passed to A.J. Pickett by right of survivorship. The court held that the certificate’s reverse-side terms, together with corroborating evidence of intent, satisfied Alabama Code § 35-4-7.

Holdings

1. The terms printed on the reverse side of the certificate of deposit, considered with the certificate and corroborating evidence, were sufficient to indicate an intent to create a joint tenancy with right of survivorship under § 35-4-7.
2. The probate court's finding that the evidence satisfied Alabama Code § 35-4-7 was not clearly erroneous, unsupported by evidence, manifestly unjust, or against the great weight of the evidence.

Questions Presented

1. Whether the reverse-side terms of the certificate of deposit could be considered together with the signed certificate and information form in determining whether the instrument clearly created a joint tenancy with right of survivorship under Alabama Code § 35-4-7.
2. Whether the probate court clearly erred in finding that the certificate of deposit passed to A.J. Pickett by right of survivorship.

Disposition

affirmed