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CITIZENS NAT. BANK OF BRECKENRIDGE v. ALLEN

No. 5188.

575 S.W.2d 654 (1978)

CITIZENS NATIONAL BANK OF BRECKENRIDGE et al., Appellants, v. Colene Pennington ALLEN, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied January 18, 1979.

Attorney(s) appearing for the Case

C. J. Eden, Breckenridge, Lawrence Teis, Roye, Sweatt, Neal & Teis, Graham, Stanley P. Wilson, McMahon, Smart, Wilson, Surovik & Suttle, Abilene, for appellants.

Frank L. Jennings, Jennings, Montgomery, Dies & Turner, Graham, William G. Thompson, Thompson & Cook, Breckenridge, for appellee.

RALEIGH BROWN, Justice.

Colene Pennington Allen sued Citizens National Bank of Breckenridge to recover the proceeds of a certificate of deposit in the amount of $20,000 issued by the Bank to "Katey Mueller as Trustee for Colene Pennington." Citizens Bank brought a third-party action against D. C. Stapp in his capacity as Independent Executor of the Estate of Katey Mueller, Deceased. After a jury trial, judgment was entered against Citizens Bank for $20,660.23 plus...

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