In re Estate of Johnson

The opinion of the court was delivered by The appellant, Hazel M. Johnson, has filed a motion for
rehearing or modification of our decision in In re Estate of
Johnson, 202 Kan. 684, 452 P.2d 286, insofar as it relates to
the ownership of the checking account in The Macksville State
Bank. After careful consideration we have concluded that the
motion for rehearing should be denied, but the decision must be
modified. As indicated in the majority opinion, we deem the language of
the "Signature Card" portion of the instrument signed by Hazel
and Charles to be uncertain and ambiguous, and resort must be had
to parol evidence in an effort to ascertain the intention of the
depositor at the time the account was created. After further
study of the record, we are convinced the district court
erroneously determined that parol evidence relating to the facts
and circumstances existing
[203 Kan. 263]