{
  "id": 6139627,
  "name": "Ida RIDLING v. Raymond BALLARD, Guardian of James Claude Ballard, NCM",
  "name_abbreviation": "Ridling v. Ballard",
  "decision_date": "1988-06-01",
  "docket_number": "CA 88-12",
  "first_page": "160",
  "last_page": "162",
  "citations": [
    {
      "type": "official",
      "cite": "24 Ark. App. 160"
    },
    {
      "type": "parallel",
      "cite": "750 S.W.2d 415"
    }
  ],
  "court": {
    "name_abbreviation": "Ark. Ct. App.",
    "id": 13370,
    "name": "Arkansas Court of Appeals"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
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    {
      "cite": "268 Ark. 52",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "year": 1980,
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    {
      "cite": "257 Ark. 937",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8724847
      ],
      "weight": 3,
      "year": 1975,
      "opinion_index": 0,
      "case_paths": [
        "/ark/257/0937-01"
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    {
      "cite": "246 Ark. 805",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1604056
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      "weight": 2,
      "year": 1969,
      "opinion_index": 0,
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        "/ark/246/0805-01"
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    {
      "cite": "282 Ark. 61",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1740777
      ],
      "weight": 2,
      "year": 1984,
      "opinion_index": 0,
      "case_paths": [
        "/ark/282/0061-01"
      ]
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    {
      "cite": "Ark. Code Ann. \u00a7 23-32-1005",
      "category": "laws:leg_statute",
      "reporter": "Ark. Code Ann.",
      "pin_cites": [
        {
          "page": "(2)(A)"
        }
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      "opinion_index": 0
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T22:52:21.510151+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Cooper and Mayfield, JJ., agree."
    ],
    "parties": [
      "Ida RIDLING v. Raymond BALLARD, Guardian of James Claude Ballard, NCM"
    ],
    "opinions": [
      {
        "text": "John E. Jennings, Judge.\nThis is a dispute over the ownership of three certificates of deposit issued by the Clinton State Bank in the names of Claude Ballard and his sister, Ida Ridling, the appellant here. The certificates, totalling $20,000.00, were purchased sometime before 1986.\nOn March 28, 1986, Claude Ballard\u2019s son, Raymond, was appointed guardian of his father\u2019s estate. On the same day Raymond went to the bank to withdraw the funds represented by the certificates. The bank refused to turn over the funds because the certificates showed only Ms. Ridling\u2019s social security number and not that of Claude Ballard.\nOn March 31, 1986, Raymond filed suit for an injunction claiming that the funds represented by the certificates belonged to his father and asking that Clinton State Bank be enjoined from paying them to anyone else. Claude Ballard died on April 4,1986. The suit was revived in the name of First National Bank of Conway, executor of the estate of Claude Ballard.\nAt a hearing held on March 4,1987, the primary issue before the court was the ownership of the funds represented by the certificates of deposit. The chancellor found that the funds represented by the certificates belonged to Claude Ballard and that there was no evidence that he had intended to make a gift to Ms. Ridling. The order directed Clinton State Bank to release the funds to Raymond for purposes of paying bills to close out the guardianship. It further directed that any balance be paid over to Claude Ballard\u2019s estate.\nMs. Ridling\u2019s sole argument on appeal is that the chancellor erred in not awarding the certificates of deposit to her as required by Ark. Code Ann. \u00a7 23-32-1005(2)(A), (C) (1987) as the surviving joint tenant. We find no error and affirm.\nThe portions of the statute relied upon by appellant provide:\n(2) (A) If the person opening the account or purchasing the certificate of deposit designates in writing to the bank institution or federally or state chartered savings and loan association that the account or the certificate of deposit is to be held in \u2018joint tenancy\u2019 or in \u2018joint tenancy with right of survivorship,\u2019 or that the account or certificate of deposit shall be payable to the survivor or survivors of the persons named in the account or certificate of deposit, then the account or certificate of deposit and all additions thereto shall be the property of those persons as joint tenants with right of survivorship.\n(C) The opening of the account or the purchase of the certificate of deposit in this form shall be conclusive evidence in any action or proceeding to which . . . the surviving party is a party of the intention of all of the parties to the account or certificate of deposit to vest title to the account or certificate of deposit, and the additions thereto, in such survivor.\nThe appellant also relies on Walker v. Hooker, 282 Ark. 61, 667 S.W.2d 637 (1984), for the proposition that where there is a writing signed by the purchaser indicating that the funds are held as joint tenants with right of survivorship, on death of one tenant the funds are rightfully paid to the survivor. The court in Walker referred to its prior holding that no survivorship interest is created when the decedent does not affix his signature to an instrument in substantial compliance with the statutory requirement. Cook v. Bevill, 246 Ark. 805, 440 S.W.2d 570 (1969).\nWhile appellant recognizes that to create a joint tenancy in a certificate of deposit a designation in writing is required, she argues that since she was the \u201cpurchaser\u201d her signature on the certificate satisfies that requirement. The testimony was uncontested that the funds used to purchase the certificates belonged to Claude Ballard; Ms. Ridling so testified. And, although Ms. Ridling testified that she thought Claude Ballard may have signed a signature card, no signature cards were offered in evidence. In Snow & Smith v. Martenson, 257 Ark. 937, 522 S.W.2d 371 (1975), where a similar statute was interpreted, the supreme court held that \u201cthe person opening such savings account\u201d means the person who owns the money with which the account is being opened in the names of more than one person.\nSince the funds used to purchase the certificates belonged to Claude Ballard, he was the \u201cpurchaser\u201d as that word is used in Walker. Snow & Smith, supra. It was appellant\u2019s burden to prove that Claude Ballard signed a writing stating his intention that the funds be paid to Ms. Ridling upon his death. McDonald v. Treet, 268 Ark. 52, 593 S.W.2d 462 (1980). That burden was not met.\nAffirmed.\nCooper and Mayfield, JJ., agree.",
        "type": "majority",
        "author": "John E. Jennings, Judge."
      }
    ],
    "attorneys": [
      "Helen Rice Grinder and Villines & Lacy by: William R. Lacy, for appellant.",
      "Phil Stratton and Casey Jones, Ltd., by: Phil Stratton, for appellee."
    ],
    "corrections": "",
    "head_matter": "Ida RIDLING v. Raymond BALLARD, Guardian of James Claude Ballard, NCM\nCA 88-12\n750 S.W.2d 415\nCourt of Appeals of Arkansas Division I\nOpinion delivered June 1, 1988\nHelen Rice Grinder and Villines & Lacy by: William R. Lacy, for appellant.\nPhil Stratton and Casey Jones, Ltd., by: Phil Stratton, for appellee."
  },
  "file_name": "0160-01",
  "first_page_order": 180,
  "last_page_order": 182
}