# Carlton v. Baker

> Court of Appeals of Arkansas · December 19, 1979 · 267 Ark. 949

URL: https://www.frixlaw.com/law-library/cases/7820942

## Case

- **Full name:** William Glen CARLTON, Administrator v. Barbara Ann BAKER, BANK OF NORTHEAST ARKANSAS
- **Court:** Court of Appeals of Arkansas
- **Decided:** December 19, 1979
- **Citations:** 267 Ark. 949; 591 S.W.2d 696; 1979 Ark. App. LEXIS 402
- **Precedential status:** Published
- **Opinion:** Concurrence by Newbern
- **Judges:** Newbern, Penix, Pilkinton, Wright
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7820942

## Opinion text

David Newbern, Judge, concurring. I reluctantly agree with the result in this case. The statute, Ark. Stat. Ann.. § 67-552 (Repl. 1966), quoted in the majority opinion is subject to an interpretation which would permit a “designation in writing” to be construed as the writing on the certificate itself which, if accepted by the purchaser, could be interpreted readily as his designation. The analogy to a deed conveying land in joint tenancy would be strong. In the case of a deed, the grantee need sign nothing for the conveyance to be effected in that way.
Because of the decision in Willey v. Murphy, 247 Ark. 839 , 448 S.W. 2d 341 (1969), we are permitted no interpretation of the statute other than the one expressed in the majority opinion. I believe we should make clear, however, that neither Cook v. Bevill, 246 Ark. 805 , 440 S.W. 2d 570 (1969), nor Justice v. Ringold, 254 Ark. 11 , 491 S.W. 2d 383 (1973), would require the holding we reach here, as in those cases the certificates themselves contained no right of survivor-ship designation.
Chief Judge Wright and Judge Pilkinton join in.this concurring opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7820942. Public record. Not legal advice.