Demps v. Graham

• Citation: 157 So.2d 534
• Decision Date: 05 November 1963
• Docket Number: No. E-114,E-114
• Parties: Evelyne DEMPS et al., Appellants, v. Theodore GRAHAM, as Administrator of the Estate of Janie Graham Mc-Queen, Appellee.
• Court: Court of Appeal of Florida (US)

Page 534

157 So.2d 534

Evelyne DEMPS et al., Appellants, v. Theodore GRAHAM, as Administrator of the Estate of Janie Graham Mc-Queen, Appellee.

No. E-114.

District Court of Appeal of Florida, First District.

Nov. 5, 1963.

Rehearing Denied Dec. 3, 1963.

Smith, Axtell, Howell & Rumph, Jacksonville, for appellants.

Ernest D. Jackson, Sr., Jacksonville, for appellee.

WIGGINTON, Judge.

Appellee administrator filed an action for declaratory relief in the Circuit Court of Duval County for the purpose of procuring a judicial declaration as to the ownership of two bank accounts which had been established in the names of his decedent, Janie Graham McQueen, and the appellants Evelyne Demps and Katherine E. Demps, with right of survivorship. From an adverse decree the defendants have appealed.

The decedent, Janie Graham McQueen, was the sister of appellant Evelyne Demps and aunt by marriage of Katherine E. Demps. Two joint bank accounts were separately established with funds owned exclusively by Janie Graham McQueen. Each account was established in the name of Janie G. McQueen, Evelyne Demps, and Katherine E. Demps, as joint tenants with right of survivorship.

At the conclusion of the trial the chancellor filed a memorandum in which he found that all the funds deposited in and credited to the questioned bank accounts were the sole property of Janie Graham McQueen, and neither at the time the accounts were established, nor at any time prior to the death of Janie McQueen, was it intended that each of the three parties whose names were carried on the account should have a present equal right to withdraw the funds; that Janie McQueen did not surrender control of the account to Evelyne Demps or Katherine E. Demps, either or both, and neither of the latter parties accepted any proprietary interest in either of said accounts during the lifetime of Janie McQueen. The chancellor further found that the decedent Janie McQueen never entertained a donative intent to make a gift inter vivos to appellants Evelyne Demps and Katherine E. Demps, nor did she surrender to the latter the equal right to withdraw the money deposited in said accounts, nor did either Evelyne Demps or Katherine E. Demps accept an interest in the funds during the lifetime of the decedent. The chancellor concluded that it was the intent of the parties that any right of ownership of either of the appellants in the funds was to vest only upon the death of Janie McQueen. It was finally concluded that the funds represented by each of the joint bank accounts belonged to the estate of Janie Graham McQueen and that appellee as administrator is entitled to demand, receive, and receipt for the funds. The administrator was awarded a judgment against Katherine E. Demps for the amount of funds withdrawn by her from one of the joint bank accounts subsequent to the death of Janie McQueen.

It appears to be appellants' principal contention that the chancellor erred in finding from the evidence adduced at the trial that no gift inter vivos of the two joint bank accounts was...