Crawford v. McGraw
| Decision Date | 21 November 1952 |
| Citation | 61 So.2d 484 |
| Parties | CRAWFORD v. McGRAW et al. |
| Court | Florida Supreme Court |
J. T. G. Crawford (of Crawford & May), Jacksonville, for appellant.
Marks, Gray, Yates & Conroy, Jacksonville, for appellees.
J. T. G. Crawford, as Executor of the last will and testament of Minnie M. Conroy, filed a petition for declaratory decree against Nell L. McGraw and The Barnett National Bank of Jacksonville for the purpose of securing a judicial determination of the legal status of a bank account standing in the name of Mrs. F. P. Conroy or Nell L. McGraw, payable to either or the survivor. (Mrs. F. P. Conroy and Minnie M. Conroy were one and the same person). The two defendants below (appellees here) answered and a stipulation was entered into between the parties as follows:
'Stipulation
'In lieu of testimony in this cause, the petitioner and the respondent Nell L. McGraw, by their undersigned attorneys, hereby stipulate and agree that the cause be submitted to the court on the following statement of facts and the answer of the respondent The Barnett National Bank of Jacksonville.
'(Herein the petitioner will be referred to as 'executor', Mrs. Conroy as 'decedent', the respondent Nell L. McGraw as 'respondent' and The Barnett National Bank of Jacksonville as 'bank'.)
'1. For upwards of six years prior to her death on August 3, 1951, the decedent was in poor physical health but was mentally alert and kept herself informed of her business affairs. Her last illness extended over a period of only five days.
'2. During all the period from the month of April, 1945 until her death, the decedent made her home with the respondent in respondent's apartment. Because of her physical feebleness decedent seldom left the apartment.
'3. The decedent had both a checking account and a savings account in The Barnett National Bank throughout said period. Deposits were made monthly of rents received by decedent. Respondent made all the deposits, and under a power of attorney from decedent signed all checks for withdrawals.
'4. No withdrawals from either account were ever made except by direction of the decedent and no funds were ever withdrawn for the use of the respondent.
'5. About a month prior to July 17, 1951, the decedent directed respondent to go to the bank and change the savings account from her name to herself and respondent jointly, stating her purpose to be that at her death she wanted the account to belong to respondent.
'6. In accordance with said direction, respondent went to the bank and opened a savings account with the balance in the old account and a deposit then made.
'7. Respondent explained to a bank official that the new account was to be in such form that the fund would pass to the survivor upon the death of either.
'8. That a signature card was then handed respondent by said bank official which she took to her apartment where the decedent and respondent signed it in the presence of a subscribing witness. The card was then returned to the bank.
'9. The pass book had been stamped 'Payable to either or the survivor' when delivered to respondent.
'10. Respondent customarily handed said savings account pass book to decedent when she returned from the bank and said books (for decedent's sole account prior to opening the joint account and the joint account took thereafter) were kept in the apartment, accessible to both decedent and respondent.
'11. All moneys deposited in said savings were the funds of the decedent.
'12. That the photostats of said savings account pass book and signature card attached and made parts of the petition herein, and the photostat of the bank's ledger sheet attached hereto, are true copies of the originals.
So that the whole picture may be clearly understood, we think it pertinent to set out verbatim the savings account pass book and signature card referred to in paragraph 12 of the stipulation. They are as follows:
"Mrs. F. P. Conroy
No. A40999 or Nell L. McGraw
---------- ------------------
The Barnett National Bank
Payable to either of Jacksonville Payable to either
or the survivor Jacksonville, Florida or the survivor
It is agreed that this account is opened subject to the
Rules and Regulations contained herein
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Date Withdrawals Deposits Balance
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Jul 17 1951 L 5496.46 5496.46
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Jul 17 1951 L 1171.92 6668.38
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Jul 17 1951 L 305.61 6362.77
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Aug 2 1951 R 573.52 6936.30
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Savings Department
The Barnett National Bank
Jacksonville, Florida
'Front
Date July 13-51 Sav. Account No. A* 40999
To the Barnett National Bank of Jacksonville, Florida:
You are hereby authorized to receive for deposit and...
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Wiggins v. Parson
...right of survivorship is viewed as a kind of joint tenancy property interest. See Spark v. Canny, 88 So.2d 307 (Fla.1956); Crawford v. McGraw, 61 So.2d 484 (Fla.1952); Graham v. Ducote Federal Credit Union, 213 So.2d 603 (Fla. 1st DCA 1968); Maier v. Bean, 189 So.2d 380 (Fla. 2d DCA 1966). ......
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Estate of Gainer, In re
...Chase Federal Savings & Loan Association v. Sullivan, 127 So.2d 112 (Fla.1960); Spark v. Canny, 88 So.2d 307 (Fla.1956); Crawford v. McGraw, 61 So.2d 484 (Fla.1952); Hagerty v. Hagerty, 52 So.2d 432 (Fla.1951); Webster v. St. Petersburg Federal Savings & Loan Association, 155 Fla. 412, 20 S......
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Spark v. Canny
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...written by Mr. Justice Roberts, said: 'This court apparently follows the 'joint tenancy' theory, since it was said in Crawford v. McGraw, Fla.1952, 61 So.2d 484, 487, that 'The opening of a joint bank account with the intention of creating a right of survivorship is a means of creating a jo......