Crabtree v. Garcia
| Decision Date | 23 December 1949 |
| Citation | 43 So.2d 466 |
| Parties | CRABTREE et al. v. GARCIA et al. |
| Court | Florida Supreme Court |
Will O. Murrell and Hazard & Thames, Jacksonville, for appellants.
J. Henry Blount, Jacksonville, for appellee.
Frank M. Crabtree, individually and as executor of Laura Mae Crabtree, brought suit for declaratory decree against the Barnett National Bank of Jacksonville and Doris B. Garcia to determine the lawful owner of a joint savings account held by the bank. Doris B. Garcia answered the bill alleging a joint tenancy under Section 689.15, F.S.A., and that on the death of Laura Mae Crabtree she became the owner of the joint account by right of survivorship. On final hearing the chancellor held that the joint account was the property of Doris B. Garcia, the surviving codepositor. This appeal is from the final decree.
The point for determination is whether or not the surviving depositor of a joint savings account is, under the theory of contract and the provisions of Section 689.15, F.S.A., entitled to the proceeds of the joint account by right of survivorship.
Laura Mae Crabtree was the wife of Frank M. Crabtree and Doris B. Garcia was the daughter of Laura Mae Crabtree by a former marriage. Frank M. Crabtree claims ownership of the joint account as the sole beneficiary under the will of his deceased wife. Doris B. Garcia claims ownership of the joint account by right of survivorship as provided by Section 689.15, F.S.A. The joint savings account was opened February 21, 1944 by Laura Mae Crabtree and Doris B. Garcia.
Section 689.15, F.S.A., abolished the common-law right of survivorship in this State 'except in cases of estates by entirety, a devise, 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; and in cases of estates by entirety, the tenants, upon divorce, shall become tenants in common.'
So the real point at issue is whether or not Doris B. Garcia brings herself within the exception to Section 689.15, F.S.A., just quoted. In other words, does the deposit agreement, the savings book and the bank ledger, the instruments creating the estate in question, 'expressly provide for the right of survivorship'. The deposit agreement is as follows:
'Joint Account
'To the Barnett National Bank of Jacksonville, Florida:
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