Clinkscales v. Clinkscales, 21300

• Decision Date: 15 September 1980
• Docket Number: No. 21300,21300
• Citation: 270 S.E.2d 715,275 S.C. 308
• Parties: Harry C. CLINKSCALES, Appellant, v. Geneva Gillespie Martin Lingfelt CLINKSCALES, Respondent.
• Court: South Carolina Supreme Court

Page 715

270 S.E.2d 715

275 S.C. 308

Harry C. CLINKSCALES, Appellant, v. Geneva Gillespie Martin Lingfelt CLINKSCALES, Respondent.

No. 21300.

Supreme Court of South Carolina.

Sept. 15, 1980.

V. Laniel Chapman and Joseph R. Barker, Anderson, and Felix L. Finley, Jr., Pickens, for appellant.

J. Calhoun Pruitt, Jr., of Pruitt & Pruitt, Anderson, for respondent.

LEWIS, Chief Justice:

The appellant initiated this action to obtain a legal separation and the return of $10,321.18 withdrawn from a checking account by his new wife. His petition was denied and he has appealed the lower court's disposition of the funds to the wife. We reverse. The facts we rely upon are primarily undisputed.

After knowing each other for approximately six weeks, the parties to this action were married. This was the third marriage of each party, the appellant being seventy-one (71) years of age and the respondent wife fifty (50) years of age. Soon after their marriage, the appellant opened a new bank account and deposited in excess of $10,000.00 which he had realized as the result of the sale of some of his real estate. Within a few days, a signature card was submitted for the wife, and the account was converted to one of a joint nature. The wife received checks annotated Harry C. Clinkscales, Sr. or Geneva G. Clinkscales. Differences soon arose between the parties and after approximately three weeks of marriage, the wife returned to their home, acquired most of her belongings and departed. Subsequently the appellant discovered she had removed substantially all of the funds from the joint bank account. This action ensued.

The trial judge found appellant intended to make a gift of the entire bank account and denied the appellant's petition for return of the funds. Insofar as he found a gift in excess of one half of the account, he erred.

This Court has jurisdiction, on an appeal from an order of the Family Court, to find facts in accordance with its view of the preponderance or the greater weight of the evidence, and may reverse a factual finding by the lower court when the appellant satisfies this Court that the finding is against the preponderance of the evidence. White v. Boseman, S.C., 268 S.E.2d 287, 1980.

§ 34-11-10 concerns the nature of bank deposits made in the name of two persons. It provides:

When any deposit has been made in any bank, banking institution or depository transacting business in this State in the names of two persons, payable to either or payable to either or the survivor, such deposit or any part thereof may be paid to either of such persons, whether the other be living or not and the receipt or acquittance of the person so paid shall be a valid and sufficient release and discharge for any or all payments so made.

The term "deposit" shall include a certificate of deposit.

Relying on this section, we have previously held that a rebuttable presumption arises that the parties to such an account intended such monies to be paid to the survivor as owner. Hawkins v. Thackston, 224 S.C. 445, 79 S.E.2d 714; Gilford v. South Carolina National Bank, 257 S.C. 374, 186 S.E.2d 258. Since the statute...