Clinkscales v. Clinkscales, No. 21300
| Court | South Carolina Supreme Court |
| Writing for the Court | LEWIS |
| Citation | 270 S.E.2d 715,275 S.C. 308 |
| Parties | Harry C. CLINKSCALES, Appellant, v. Geneva Gillespie Martin Lingfelt CLINKSCALES, Respondent. |
| Docket Number | No. 21300 |
| Decision Date | 15 September 1980 |
Page 715
v.
Geneva Gillespie Martin Lingfelt CLINKSCALES, Respondent.
[275 S.C. 309] 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The appellant initiated this action to obtain a legal separation and the return of $10,321.18 withdrawn from a checking account by his new wife.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 [275 S.C. 310] 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
Page 716
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...
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Lewis v. Lewis, No. 26973.
...is appealed, we have jurisdiction to find facts based on our own view of the preponderance of the evidence.”); Clinkscales v. Clinkscales, 275 S.C. 308, 310, 270 S.E.2d 715, 716 (1980) (“This Court has jurisdiction, on an appeal from an order of the Family Court, to find facts in accordance......
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Johnson v. Johnson, No. 1212
...3265 (codified as Sections 20-7-471 through 20-7-479, Code of Laws of South Carolina, 1976, as amended). 2 See Clinkscales v. Clinkscales, 275 S.C. 308, 270 S.E.2d 715 (1980) (interspousal gift); Walton v. Walton, 282 S.C. 165, 318 S.E.2d 14 (1984) (separately titled residence acquired befo......
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Hussey v. Hussey, No. 0052
...into a joint account transmuted the nonmarital [280 S.C. 425] property into marital property. See, e.g., Clinkscales v. Clinkscales, 275 S.C. 308, 270 S.E.2d 715 (1980). If not, the court may not order it distributed to Mrs. Hussey. Third, the court should determine whether Mr. Hussey's rem......
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Miller v. Miller, No. 23076
...to correct errors of law and find facts in accordance with its own view of the preponderance of the evidence. Clinkscales v. Clinkscales, 275 S.C. 308, 270 S.E.2d 715 The Family Court found there had been a substantial and material change in circumstances in that Mr. Miller's income dramati......
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Lewis v. Lewis, No. 26973.
...is appealed, we have jurisdiction to find facts based on our own view of the preponderance of the evidence.”); Clinkscales v. Clinkscales, 275 S.C. 308, 310, 270 S.E.2d 715, 716 (1980) (“This Court has jurisdiction, on an appeal from an order of the Family Court, to find facts in accordance......
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Johnson v. Johnson, No. 1212
...3265 (codified as Sections 20-7-471 through 20-7-479, Code of Laws of South Carolina, 1976, as amended). 2 See Clinkscales v. Clinkscales, 275 S.C. 308, 270 S.E.2d 715 (1980) (interspousal gift); Walton v. Walton, 282 S.C. 165, 318 S.E.2d 14 (1984) (separately titled residence acquired befo......
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Hussey v. Hussey, 0052
...into a joint account transmuted the nonmarital [280 S.C. 425] property into marital property. See, e.g., Clinkscales v. Clinkscales, 275 S.C. 308, 270 S.E.2d 715 (1980). If not, the court may not order it distributed to Mrs. Hussey. Third, the court should determine whether Mr. Hussey's rem......
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Miller v. Miller, No. 23076
...to correct errors of law and find facts in accordance with its own view of the preponderance of the evidence. Clinkscales v. Clinkscales, 275 S.C. 308, 270 S.E.2d 715 The Family Court found there had been a substantial and material change in circumstances in that Mr. Miller's income dramati......