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FIRST STATE BANK AND TRUST CO., CARTHAGE, TEXAS v. McCARTY

No. C-6261.

730 S.W.2d 656 (1987)

FIRST STATE BANK AND TRUST COMPANY, CARTHAGE, TEXAS, and S.L. Holmes, Petitioners, v. Wyndel McCARTY et ux., Respondents.

Supreme Court of Texas.

Rehearing Denied June 17, 1987.

Attorney(s) appearing for the Case

J.E. Jackson and Robert Underwood, Carthage, for petitioners.

Tom Bankhead, Bankhead, Davis & Davidson, Carthage, for respondents.

PER CURIAM.

Two issues are presented in this case concerning a purported designation of joint tenancy with right of survivorship as to a bank account. The first issue is whether the instrument designating survivorship complied with section 439 of the Texas Probate Code. The second issue involves rendering judgment on appeal without disposing of all causes of action.

Margaret and Wyndel McCarty, devisees under the will of Fannie Holmes Donald, sued First State...

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