Jameson v. Bain
Texas Court of Appeals
693 S.W.2d 676 (1985)
- Written by Whitney Kamerzel , JD
Facts
Paul Jameson, Sr., and Bessie Jameson (plaintiff) were married. While Paul and Bessie were married, they used community-property funds to open nine savings accounts. For four of the accounts, agreements that the accounts were owned in joint tenancy with the right of survivorship were signed when the accounts were opened. A partition agreement stipulating that the community funds in these accounts would be the separate property of the surviving spouse was signed after the accounts were opened. For two additional accounts that were opened as joint-tenancy accounts with the right of survivorship, no partition agreements were signed at all. Three remaining accounts had neither a joint-tenancy agreement nor a partition agreement. Paul died, and Bessie withdrew all the balances in the nine accounts. The executor and charitable beneficiaries under Paul’s will (plaintiffs) filed suit, claiming that one-half of the balances in the accounts were community property that belonged to Paul’s estate. The trial court issued a declaratory judgment that the funds were community property. Bessie appealed, claiming that the funds were her separate property.
Rule of Law
Issue
Holding and Reasoning (Tijerina, J.)
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