Texas Supreme Court

Mary K. Stauffer, Petitioner v. J.d. Henderson, Respondent

January 30, 1991801 S.W.2d 858

Summary

The Texas Supreme Court affirmed that the signature card on a joint bank account did not create a right of survivorship under Section 439(a) of the Probate Code, so Mary K. Stauffer is not entitled to the funds. The Court held that extrinsic evidence is inadmissible when the written agreement is unambiguous and that Section 439(a) is the exclusive means to create survivorship. Justice Ray, dissenting, argued that the majority’s construction ignores legislative intent and the common‑sense presumption recognized in Krueger.