Leonas v. Johnson
| Decision Date | 15 July 1970 |
| Docket Number | No. 2,No. 45468,45468,2 |
| Citation | 176 S.E.2d 506,122 Ga.App. 160 |
| Parties | Edna LEONAS, Executrix v. John JOHNSON |
| Court | Georgia Court of Appeals |
Charles R. Adams, Jr., Fort Valley, for appellant.
Culpepper & Culpepper, S. M. Culpepper, Fort Valley, for appellee.
Syllabus Opinion by the Court
The petition alleges that Mrs. John Johnson (Mrs. Beulah Johnson) made savings and checking deposits of money in banks in the names of 'Mr. or Mrs. John Johnson,' or of 'Mr. John Johnson or Mrs. Beulah D. Johnson.' She made a will February 10, 1970 bequeathing all cash on hand and deposited in savings or checking accounts to her three sisters and named one of them as executrix of the will. Prior to her death on February 13, 1970 a total of $21,168.21 had been deposited in the joint accounts, but the husband effected a withdrawal of the entire amount so that at the time of her death no funds remained in any of them. The will was probated and the executrix made demand on Mr. Johnson for the funds, asserting that the deceased had created the deposits from funds wholly her own and in which the husband had no interest; and upon his refusal to account for the funds this action was brought, seeking judgment for the full amount of the several deposits and for a receiver to locate and take charge of the funds. A motion to dismiss on the ground that the petition stated no claim upon which relief could be granted was sustained and plaintiff-executrix appeals. Held:
1. This Court has jurisdiction of the appeal. Albright v. American Central Ins. Co., 147 Ga. 492, 94 S.E. 561.
2. While a bank in which a deposit has been made in the names of two or more people is protected under Code § 13-2039 in paying out all or any portion thereof to either of the persons in whose name the deposit may have been made, this Code section is primarily for the protection of the bank and does not conclude the matter of ownership as between the depositors themselves. 1 Clark v. Bridges, 163 Ga. 542, 546, 136 S.E. 444; Nash v. Martin, 90 Ga.App. 235, 82 S.E.2d 658. Whether a joint tenancy, a tenancy in common, or some other relationship was intended to be created by the depositors as between themselves will appear from a contract, express or implied, between them, and this may be shown by circumstances such as the language on the signature card creating the deposit and indicating who is authorized to withdraw funds therefrom. Taylor v. Citizens & Southern Bank of Ga., 226 Ga. 15, 172 S.E.2d 617; Sams v. First National Bank of Atlanta, 119 Ga.App. 96, 166 S.E.2d 394. And see Clark v. Bridges, 163 Ga. 542, 136 S.E. 444, supra, s.c. 36 Ga.App. 377, 136 S.E. 825; Bowen v. Holland, 182 Ga. 430, 185 S.E. 720; Guest, Admx. v. Stone, 206 Ga. 239, 56 S.E.2d 247; Jackson v. Jackson, 206 Ga. 470, 57 S.E.2d 602; Jackson v. Jackson, 209 Ga. 85, 70 S.E.2d 592; Culpepper, Adm. v. Culpepper, 18 Ga.App. 182, 89 S.E. 161; Moore v. Citizens' Bank of Ashburn, 21 Ga.App. 183, 94 S.E. 90; Wade, Adm. v. Edwards, 23 Ga.App. 677, 99 S.E. 160; First National Bank of Thomasville v. Sanders, 31 Ga.App. 789(3), 122 S.E. 341.
3. We have held many times that under the Civil Practice Act a petition should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts which would entitle him to relief within the framework of his petition. White v. Augusta Hotel Motel Investment Co., 119 Ga.App. 351(2), 167 S.E.2d 161, and citations. The petition is sufficient to meet this test.
The judgment...
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Copeland v. Peachtree Bank & Trust Co.
...and either husband or plaintiff had the right to withdraw funds from said savings account. See Code § 13-2039; Leonas v. Johnson, 122 Ga.App. 160, 161(2), 176 S.E.2d 506; Granade v. Augusta Fire Dept. Credit Union, 118 Ga.App. 157, 158, 162 S.E.2d 870. 2. The evidence also shows that before......
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Savannah Bank & Trust Co. v. Keane
...v. Brown, 221 Ga. 273, 277, 144 S.E.2d 332; Taylor v. Citizens & Southern Bank of Ga., 226 Ga. 15(2), 172 S.E.2d 617; Leonas v. Johnson, 122 Ga.App. 160(2), 176 S.E.2d 506. Judgment reversed with HALL, P.J., and QUILLIAN, J., concur. ...
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GEORGIA SAVINGS BANK AND TRUST COMPANY v. Sims, Civ. A. No. 13926.
...to create a right of survivorship whereas only Mrs. Sims signed the Georgia Savings Bank card. A third case cited Leonas v. Johnson, 122 Ga.App. 160, 176 S.E.2d 506 (1970), pointed out that whether a joint tenancy "was intended to be created by the depositors * * * may be shown by circumsta......
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James v. Elder
...rather than to make a present gift. Cf. Taylor v. C. & S. Bank of Ga., 226 Ga. 15(2), 172 S.E.2d 617 (1970); Leonas v. Johnson, 122 Ga.App. 160(2), 176 S.E.2d 506 (1970). In the present case, it was established without dispute that the appellant had not been present when any of the accounts......