Gunnels v. Jimmerson
| Decision Date | 16 April 1976 |
| Parties | Annie Battle GUNNELS v. William Wallace JIMMERSON et al. SC 1362. |
| Court | Alabama Supreme Court |
Samuel L. Adams, Dothan, for appellant.
Lee & McInish, and Stephen T. Etheredge, Dothan, for appellees.
Plaintiff-appellant, Annie Battle Gunnels, filed a declaratory judgment proceeding against her son and Dothan Federal Savings and Loan Association asking that she be declared the owner of certain funds on deposit with the Association. The trial court denied relief. We affirm.
In June, 1971, Annie Battle (Gunnels) inherited from her deceased husband, Monroe Battle, approximately $12,000.00. She and her son, William Wallace Jimmerson, in July, 1971, deposited $10,000.00 of the inheritance in the Dothan Savings and Loan Association, and both signed a contract of deposit 'as joint tenants with right of survivorship and not as tenants in common, and not as tenants by the entirety.' The signature card, signed by each of them, stated in part: 'It is agreed by the signatory parties with each other and by the parties with you that any funds placed in or added to the account by any one of the parties Are and shall be conclusively intended to be a gift and delivery at that time of such funds to the other signatory party or parties to the extent of his or their pro rata interest in the account.' A four-year certificate of deposit was issued to them and the signature card permitted withdrawal by either of them.
In May, 1974, Mrs. Battle began dating Mr. E. L. Gunnels. On June 4, they went to the First National Bank of Dothan and she changed a joint checking account of approximately $2,000.00 from her name and her son's name to her name. She and Gunnels then went to the Dothan Savings and Loan Association and she withdrew the $10,000.00 from the joint account and placed the money in an account solely in her name. That same night, Jimmerson was having dinner at his mother's home and discovered that the changes had been made in the checking and savings accounts. A 'discussion' (son) or a 'quarrel' (mother) followed. Either way, the next day, June 5, Mrs. Battle and Jimmerson went to the bank and Mrs. Battle withdrew the money she had in the checking account in her own name. They then went to the Dothan Savings and Loan Association, talked to Homer Carson, the then President of the Association, and opened a new savings account, which is the one involved in this suit. Jimmerson placed $1,766.45 of his own money in the account and his mother replaced the $10,000.00 she had withdrawn and changed the day before. The new account was a joint account with both signatures required for a withdrawal. The signature card contained the following:
'* * * It is agreed by the signatory parties with each other and by the parties with you that any funds placed in or added to the account by any one of the parties is and shall be conclusively intended to be a gift at that time of such funds to the other signatory party or parties to the extent of his or their pro rata interest in the account. * * *'
On July 19, 1974, Mrs. Battle married Mr. Gunnels. This suit was filed August 30, 1974. At the time of trial, Mrs. Gunnels had the certificate of deposit. It was stipulated that the money involved came from Mr. Battle, and that her son, Wallace Jimmerson, was not related to Mr. Battle.
Mrs. Gunnels testified that on June 5, her son came to her home, 'forced me to get dressed and to go back and put his name back on it.' (The certificate of deposit.) Her son denied that he forced his mother to put the money back in a joint account, and testified that she made the suggestion that they go to the Dothan Savings and Loan Association to change the account.
Homer Carson testified that Mrs. Battle did not appear to be upset; that she requested the joint account be opened; that in his opinion, Mrs. Battle fully understood the transaction because the three of them discussed the type of account desired before the signature card was signed, and that Mrs. Battle appeared to know what she was doing at that time. There was evidence that neither Mrs. Battle nor her son had ever made any withdrawal from the Dothan Savings and Loan Association account except the changes Mrs. Battle had made. Mrs. Battle (Gunnels) testified that she had never made a demand on either her son or the Association for the money. There was no evidence that any fraud was practiced on Mrs. Battle to get her to create either of the accounts.
The trial court, after listing the facts and conclusions in its opinion, denied the request for a declaratory judgment.
Before any right to a savings account deposit can be said to pass from a donor to a donee, there must be a donative intention. The donor must intend that either the legal or equitable title to the fund shall pass to the donee; and there must be some act performed by the donor which...
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