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

Summary

The Texas Supreme Court affirmed the lower courts, holding that the signature card on a joint bank account did not create a right of survivorship because Texas Probate Code section 439(a) requires a clear written agreement signed by the deceased party; therefore Mary K. Stauffer was not entitled to the funds. Justice Ray dissented, arguing that the majority’s strict reading disregards legislative intent and the common‑sense presumption of survivorship.