Teasley v. Blank Enberg, 73--113
| Decision Date | 02 August 1974 |
| Docket Number | No. 73--113,73--113 |
| Parties | Milton TEASLEY, as Executor of the Estate of Recie R. Cooper, Deceased, Appellant, v. Frances BLANKENBERG, Appellee. |
| Court | Florida District Court of Appeals |
George Ritchie, Cocoa, for appellant.
Roy Christopher, Mount Dora, for appellee.
When Recie Cooper died on October 15, 1971, she had two federal savings and loan savings accounts and a commercial bank checking account, all of which were joint accounts with Frances Blankenberg. Upon Mrs. Cooper's death, Mrs. Blankenberg withdrew the balance in the several accounts. Mrs. Cooper's personal representative then brought suit against Mrs. Blankenberg to recover these amounts, and he now appeals the final judgment which determined the funds to be the property of Mrs. Blankenberg. We conclude that the judgment should be affirmed.
The account at the First Federal Savings & Loan Association of Cocoa was opened on January 8, 1965 as a joint account with the right of survivorship. The account at the First Federal Savings & Loan Association of Eustis was opened on October 4, 1971, as a joint account but no evidence was offered that it expressly provided for the right of survivorship. In our opinion, the two federal savings and loan savings accounts were governed by Section 665.271, F.S. 1 Appellant contends that Section 665.271, F.S. would not apply to the Cocoa account because the statute became effective subsequent to the time the account was opened, and thus would be a retrospective application of the statute, and that it would not apply to the Eustis account because there was no evidence that the Eustis account expressly provided for right of survivorship as required by Section 689.15, F.S. We feel that neither contention would effectively preclude application of the statute to these particular accounts. Granting that the statute should not be given retrospective application, we consider that there is a proper basis for prospective application here. The statute applies to a savings account which Is (being) Maintained, and there is no question but that the Cocoa account was continuously Maintained at all times after the effective date of the statute up until the account was closed by Mrs. Blankenberg's withdrawal of the funds. Likewise, there is no question but that the Eustis account was Under the savings and loan rules and regulations, maintained in the name of two persons 'in such form that the moneys in the account (were) payable to either or the survivor or survivors', despite the fact that there is an absence of evidence that the account expressly provided for right of survivorship as required generally under Section 689.15, F.S.
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Estate of Herring, In re
...to all existing accounts being maintained by the bank. This is made clear by the rationale of the decision in Teasley v. Blankenberg, 298 So.2d 431 (Fla. 4th DCA 1974), wherein the court applied the statutory presumption of ownership newly created in section 665.271, Florida Statutes, to ex......
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Winterton v. Kaufmann, 86-1168
...in the joint accounts may be rebutted only by clear and convincing evidence to the contrary. Id. See also, Teasley v. Blankenberg, 298 So.2d 431 (Fla. 4th DCA 1974); and Florida Statutes section 658.56(2). Plaintiffs were required to establish by clear and convincing evidence that Roma did ......
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Rosecrans v. Eden
...in survivorship form and there were no executed documents reflecting survivorship. The court also distinguished Teasley v. Blankenberg, 298 So.2d 431 (Fla. 4th DCA 1974) 2 by indicating that no evidence was offered in Fortman to show that under the savings and loan regulations, an account p......
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Doran v. Gainer, 83-498
...the impact of section 665.271, although none has expressly stated that the intent of the deceased is irrelevant. In Teasley v. Blankenberg, 298 So.2d 431 (Fla. 4th DCA 1974), the decedent and the defendant had two savings and loan accounts and a commercial bank checking account. Upon the de......