McGillen v. Gumpman, 64-222
| Citation | 171 So.2d 69 |
| Decision Date | 26 January 1965 |
| Docket Number | No. 64-222,64-222 |
| Parties | Minnie McGILLEN and Joseph A. Gumpman, Appellants, v. Irma GUMPMAN, as Administratrix of the Estate of Frank L. Gumpman, also known as Francis L. Gumpman, and Irma Gumpman, individually, Appellees. |
| Court | Florida District Court of Appeals |
Edward H. Swanko and Spiegelman & Spiegelman, Miami, for appellants.
Irving M. Hartman, John H. Gunn, Miami, and Joseph A. Boyd, Jr., Hialeah, for appellees.
Before BARKDULL, C. J., and TILLMAN PEARSON and CARROLL, JJ.
Francis Gumpman, a resident of Dade County, died intestate on January 27, 1963. His estate was probated and an order of discharge was entered by the county judge on October 14, 1963. Thereafter, the children, heirs at law and next of kin of the decedent, brought a suit in equity against the widow Irma Gumpman, individually and as administratrix, seeking to divest her of monies which she had withdrawn from two bank accounts prior to the death of the decedent and to have said funds declared to be the property of his estate and to belong to the plaintiffs as his heirs. The defendant answered, averring her marriage to decedent and that the money was in joint accounts and properly withdrawn therefrom by her.
At trial, as a basis for their argument that defendant should be declared to hold the monies in trust for the husband or his estate, the plaintiffs attempted to show by medical testimony that the decedent was incompetent at the time the monies were withdrawn. The chancellor denied plaintiffs' motion to amend their complaint to conform to the proof and rejected this testimony as immaterial.
A final decree of dismissal was entered in favor of defendant. On this appeal by the plaintiffs, three points were advanced. First, that the court committed error in refusing to permit the amendment referred to above, second, that it was error to strike the testimony relating to incompetency, and third, that the plaintiffs as heirs of the decedent were entitled to the monies withdrawn by the defendant.
The essential facts are undisputed. Two accounts are involved, one in a bank and one in a savings and loan association. The circumstances surrounding the creation of the accounts are shown by the testimony of the employees of the institutions. They were established on November 6, 1957, shortly after the marriage of Irma and Francis Gumpman. Francis Gumpman made it clear at the outset that he understood either party would be entitled to withdraw the money and that he wanted it to belong to the defendant. The bank cards provided for withdrawal by either of the parties. On January 2, 1963, the accounts showed a balance of $6,924.60 and...
To continue reading
Request your trial
-
Hinkle v. State
...(Fla.1956); Maier v. Bean, 189 So.2d 380 (Fla. 2d DCA 1966); Williams v. Williams, 177 So.2d 865 (Fla. 3d DCA 1965); McGillen v. Gumpman, 171 So.2d 69 (Fla. 3d DCA 1965); Demps v. Graham, 157 So.2d 534 (Fla. 1st DCA 1963); North Shore Bank v. Shea, 148 So.2d 60 (Fla. 2d DCA 1963); Josephson......
-
Guardianship of Medley, In re
...and the right of survivorship were terminated by the withdrawal. That interest was held to be a moiety of the funds. McGillen v. Gumpman, 171 So.2d 69 (Fla. 3d DCA 1965), involved bank accounts in the names of a husband and wife, each having the right to withdraw, which were referred to by ......
-
Martens v. Bethel
...indicated in the law of Florida (Lerner v. Lerner, Fla.App., 113 So.2d 212, 216; Burke v. Coons, Fla.App., 136 So.2d 235; McGillen v. Gumpman, Fla.App., 171 So.2d 69). In other words, regardless of the presumption attaching to the Florida accounts, which incidentally is a rebuttable one (Sp......
-
Sitomer v. Orlan, 93-1205
...protect it from creditors of one of them, Terrace Bank of Florida v. Brady, 598 So.2d 225, 228 (Fla. 2d DCA 1992); McGillen v. Gumpman, 171 So.2d 69, 70 (Fla. 3d DCA 1965), and (6) that the accounts were opened with the "intention that each spouse ... should have the use of all or any part ......
-
Joint ownership of bank accounts in Florida by husband and wife: when does a spouse's interest in account funds survive their withdrawal by the other spouse?
...it from the creditors of one of them; Terrace Bank of Florida v. Brady, 598 So. 2d 225, 228 (Fla. 2d DCA 1992); McGillen v. Gumpman, 171 So. 2d 69, 70 (Fla. 3d DCA 1965); 6) The accounts were opened with the intention that each spouse should have the use of all or any part of the balance at......