Brandle's Estate, In re
| Decision Date | 08 May 1953 |
| Citation | 65 So.2d 27 |
| Parties | In re BRANDLE'S ESTATE. |
| Court | Florida Supreme Court |
Harry W. Prebish and S. Blair Ross and Erstling & Zuckerman, Miami, for appellants.
Ernest P. Jones and George L. Knight, Miami, for appellee.
This is an appeal from an order of the Circuit Judge of Dade County, affirming a final order of the County Judge of Dade County, adjudicating that a bank account in the Dade Federal Savings and Loan Association of Miami in the name of George J. Brandle and Louise Vondervied was an account held by them as joint tenants with the right of survivorship and not as tenants in common. There were three documents which must be construed together in determining whether or not the account was held by the parties as joint tenants with the right of survivorship, or as tenants in common.
There was an application for membership, signed by each of the parties. There is no question of the authenticity of the signatures. The application for membership contained the following:
'Membership of joint holders (with right of survivorship) of a share account.'
The words 'as joint tenants with the right of survivorship and not as tenants in common' appear twice in the application. The second document is a card which is sometimes referred to as the ledger. It is under the name of each of the parties and at the bottom of the ledger sheet the following words appear, 'as joint tenants with the right of survivorship and not as tenants in common * * * Either of the Above Holders May Withdraw From the Account'. The third document is a bank book which certifies to a saving share account in the name of each of the parties and with the words
It appears from the record that Brandle requested Miss Louise Vondervied to sign and return the application. She did sign and return the application and thereby agreed to the terms and conditions set forth therein.
The appellant calls particular attention to section 689.15, F.S., F.S.A., which provides that an individual 'transfer or conveyance heretofore or hereafter made to two or more shall create a tenancy in common, unless the instrument creating the estate shall expressly provide for the right of survivorship'. In this case the three instruments...
To continue reading
Request your trial
-
Spark v. Canny
...of survivorship, under the authority of Crabtree v. Garcia, Fla., 43 So.2d 466; Crawford v. McGraw, Fla., 61 So.2d 484, and In re Brandle's Estate, Fla., 65 So.2d 27, and that 'there was no fraud or wrongdoing shown by the Defendant, DeVera Ellen Canny which would alter the above joint acco......
-
North Shore Bank v. Shea
...right of survivorship * * *.' See Crawford v. McGraw, supra, 61 So.2d 484; Crabtree v. Garcia, Fla.1949, 43 So.2d 466; In re Brandle's Estate, Fla.1953, 65 So.2d 27. 'But this court has never held that the lack of donative intent of a deceased joint account holder, with whose funds the join......