Diagnosed with terminal cancer, Ray Comeaux executed a handwritten will bequeathing five certificates of deposit (CDs) to four of his children and one grandchild. The CD bequeathed to his daughter,

Diagnosed with terminal cancer, Ray Comeaux executed a handwritten will bequeathing five certificates of deposit (CDs) to four of his children and one grandchild. The CD bequeathed to his daughter, Louise, was payable to her on Ray’s death. Three months later, he asked two of his sons, Michael and Rodney, to close out the CDs and put the proceeds in a checking account for the benefit of his wife, Betty. Michael and Rodney went to the bank, where they were told they could redeem their own CDs; however, Ray would have to sign the CDs made out in his name. Michael and Rodney gave Ray the CDs and told him they needed to be indorsed. Ray told Michael to have Betty sign his name, as he was physically unable to do so. Michael, Rodney, and Betty were all in the room when Ray made this request, and all were present when Betty signed the documents for Ray. Michael and Rodney returned to the bank, where all five CDs were redeemed, and the proceeds placed in a checking account. Ray died two months later. After Ray died, Louise went to the bank to redeem the CD. When she was unable, she sued the bank, alleging it should not have redeemed the CD. Was she correct?


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