Graham v. Ducote Federal Credit Union
| Decision Date | 06 August 1968 |
| Docket Number | No. J--384,J--384 |
| Citation | 213 So.2d 603 |
| Parties | Ella GRAHAM and Rufus Gripper, Appellants, v. DUCOTE FEDERAL CREDIT UNION and Eddie Lee Glover, Sr., as Administrator, Estate of Verlena G. Glover, Deceased, Appellees. |
| Court | Florida District Court of Appeals |
W. A. Cleveland, Jr., of Cleveland, Goodfriend & Shaaber, Jacksonville, for appellants.
Barry L. Zisser and Releford McGriff, Jacksonville, for appellees.
Plaintiffs have appealed an adverse final judgment rendered in a nonjury action after a trial. It is contended that the trial court misconceived the legal effect of the evidence and applied to the undisputed facts an incorrect principle of law in rendering the judgment appealed.
Appellants filed their complaint in the trial court seeking a judicial declaration of their rights in a joint share account established by them and one Verlena G. Glover, deceased, in defendant Ducote Federal Credit Union. They alleged that doubt as to their legal entitlement of the funds in the account had been raised by refusal of the credit union to pay over to them the amount of this fund as demanded. The credit union answered, alleging doubt as to the identity of the lawful owner of the fund and declaring its willingness to pay the fund over to such party or parties as the court may adjudge to be legally entitled thereto. Appellee Glover, as administrator of the estate of Verlena G. Glover, also brought suit against the credit union seeking a determination as to his entitlement to the fund in question. Both cases were consolidated for the purpose of trial.
The undisputed evidence fairly establishes that Verlena G. Glover was the daughter of appellant Ella Graham, the sister of appellant Rufus Gripper, and the wife of appellee Eddie Lee Glover, Sr. The deceased and Eddie Lee Glover were married in 1937 and thereafter lived together as husband and wife in the home of Ella Graham until the death of Verlena Glover on October 13, 1965. No children were born of this union, and during the entire period of their marriage the wife was employed as a school teacher in Duval County and the husband worked at various types of employment. In November, 1963, Verlena Glover was adjudged incompetent because of a nervous disorder and was committed to the state hospital at Macclenny. She was released from the hospital the following year and her mental competency was restored by judicial decree rendered in October, 1964.
In 1941, four years after her marriage to appellee Glover, Verlena Glover established in her individual name a share account in the Ducote Federal Credit Union, a corporation organized by and for the benefit of school teachers in Duval County. This account was maintained in the individual name of Verlena Glover until December, 1964, some two months after her mental competency had been restored. At this time Verlena Glover initiated a chain of events which led to the account being converted from an individual account to a joint share account in her name and the names of her mother and brother, the appellants. This was accomplished when Verlena Glover asked a lifelong friend of hers to transport her and her brother to the office of the credit union where her account could be converted into a joint account with her brother and mother. Upon arriving at the office of the credit union, the legal import and significance of a joint share account was fully explained to Verlena Glover and her brother, Rufus Gripper, by the treasurer of the company. It was made known that the account could not be converted into a joint share account unless all of the parties participating therein were present for execution of the necessary joint share account agreement. Upon being so advised, Verlena Glover's friend returned to the home, picked up Ella Graham and returned her to the office of the credit union where again a detailed explanation was made by the treasurer respecting the legal effect of a joint share account. The parties were told that if such an account was established in their joint names, each of them would be at liberty to deposit money to the account and to withdraw money from the account at will, and each of them would be privileged to pledge all or any part of the account as security for any loan granted to them by the credit union. It was explained that upon the death of any one of them, ownership of the account would vest in the survivors. With full knowledge of the legal effect of their actions, Verlena Glover, Ella Graham, and Rufus Gripper executed the joint share account agreement on the form provided by the credit union which is in the following words and figures, to wit:
'Joint Share Account Agreement
'The Ducote Federal Credit Union is hereby authorized to recognize any of the signatures subscribed hereto in the payment of funds or the transaction of any business for this account. The joint owners of this account, hereby agree with each other and with said Credit Union that all sums now paid in on shares, or heretofore or hereafter paid in on shares by any or all of said joint owners to their credit as such joint owners with all accumulations thereon, are and shall be owned by them jointly, with right of survivorship and be subject to the withdrawal or receipt of any of them, and payment to any of them or the survivor or survivors shall be valid and discharge said Credit Union from any liability for such payment.
'Any or all of said joint owners may pledge all or any part of the shares in this account as collateral security to a loan or loans.
'The right or authority of the credit union under this agreement shall not be changed or terminated by said owners, or any of them except by written notice to said credit union which shall not affect transactions theretofore made.
Dated: _ _ 19_ _
/s/ Verlena Gripper Glover
/s/ Ella Graham
/s/ Rufus Gripper
Joint Owners'
At the time the foregoing account was established in the names of the appellants and the deceased, Verlena Glover, the account passbook was not presented, nor were any notations reflecting a change in ownership of the account thereafter endorsed thereon. The inference arising from the evidence in the record is that the account passbook was in the possession of Verlena Glover at the time the joint account was established, and remained in her possession until the time of her death. The record reveals that possession of the account passbook was not a necessary condition precedent to the right of a joint share account owner to withdraw funds from the account, and funds could be withdrawn without the account book being presented to the credit union at the time of withdrawal. At no time between the establishment of the joint share account in December, 1964, and the death of Verlena Glover in October, 1965, did any of the three parties to the joint share account agreement deposit any funds to the account, nor did they withdraw any funds therefrom. There is no evidence that any one of the three parties returned as income for taxpaying purposes any interest or dividends accruing to the account during its existence.
In the final judgment the trial court incorporated its findings of fact which conform in all material respects to the undisputed evidence as set forth above. There is no suggestion either in the pleadings, the evidence, or in the trial court's findings which raises an issue of mental incompetency on the part of Verlena Glover, or fraud on the part of appellants in the creation of the account in question.
In its final judgment the trial court concluded as a matter of law that appellants had failed to prove the essential requirements for establishment of a gift inter vivos; that the deceased, Verlena Glover, had no intention of doing any more than making a gift to appellants to become effective at the time of her death; and, that the interest of appellants in the joint share account arose as a result of the attempted testamentary disposition by Verlena Glover which is void because not in accordance with the law of the State of Florida.
The statute of our state declares invalid the right of survivorship in real and personal property held by joint tenants unless the instrument creating the estate shall expressly provide for the right of survivorship. 1 Thus it is that two or more persons may validly establish a bank account as joint tenants with right of survivorship,...
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...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). Where one joint tenant has the right and power, under the a......
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