EMMA CROSSMAN, AS ADMINISTRATRIX OF THE ESTATE OF JOHN NOVAK, OTHERWISE KNOWN AS JOHN NOVARK, DECEASED,
v.
ALICE NAPHTALI AND DADE FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the language of the application and certificate was insufficient to create a gift or grant survivorship rights to the entire deposit.
Appellees sought ownership of a savings account opened by John Novak and later converted to a joint account with Alice Naphtali. The application and c…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Gift Inter Vivos cases and more on FLexlaw
Appellees instituted suit seeking to have determined the right of ownership of a certain deposit in Dade Federal Savings and Loan Association which was evidenced by a certifi*149cate of membership together with the duly executed application for membership made by John Novak, now deceased, and Alice Naphtali.
The application for membership was as follows:
“Joint Account. Account No. 8297.
(1) Novark John
(Surname) (First Name) (Middle Name)
(2) Naphtali Alice
“The undersigned hereby apply for a membership and for a Savings Share Account in the DADE FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI and for the issuance of evidence of membership in the approved form and in the joint names of the undersigned as joint tenants with the right of survivorship and not as tenants in common. Receipt is hereby acknowledged of a copy of the charter and by laws of said association. Specimens of the signatures of the undersigned are shown below and the association is hereby authorized to act without further inquiry in accordance with writings bearing any such signature; it being understood and agreed that anyone of the undersigned who shall first act shall have power to act in all matters related to the membership and may share account in said association held by the undersigned, whether the other person or persons named in the certificate be living or not. The repurchase or redemption value of any such share account or other rights relating thereto may be paid or delivered in whole or in part to anyone of the undersigned who shall first act, and such payment or delivery of a receipt or acquitance signed by any one of the undersigned shall be a valid and sufficient release and discharge of said association.
“Signature (1) John Novark (2) Alice Naphtali
Street Address 251 N.E. 2nd St. 251 N.E. 2nd St.
City and State Miami, Florida Miami, Florida
Telephone..............Occupation............................
Dated Nov. 3, 1941 Introduced by..................................
*The certificate issued pursuant to this application for membership of joint holders must be filled out by inserting in the first blank space the names of the joint holders; for example: *150John Doe and Richard Doe, immediately followed by the words: as joint tenants with the right of survivorship and not as tenants in common. Joint tenants with the right of survivorship constitute one member as a partnership constitutes one member.”
The certificate of membership was as follows:
“DADE FEDERAL' SAVINGS AND LOAN ASSOCIATION OF MIAMI, MIAMI, FLORIDA
“Certificate No. 8297'
“SAVINGS SHARE ACCOUNT
“This certifies that John Novark and/or Alice Naphtali is a member of Dade Federal Savings and Loan Association of Miami and holds a Savings Share Account of said Association, subject to its character and by laws and to the laws of the United States of America.
“Witness the authorized signature of officer or employee this 29 day of October 1941..
“DADE FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI
Carolyn Schaefer
Authorized signature.”
The application for membership and the certificate of membership must be read and construed together as constituting the contract between the parties.
When so read the contract under which the moneys were deposited provided for “a Savings Share Account in the Dade Federal Savings and Loan Association of Miami and for the issuance of evidence of membership in the approved form in the joint names of the undersigned as joint tenants with the right of survivorship and not as tenants in common.”
We think this language is insufficient to create a gift in presenti or a gift inter vivos because John Novak never surrendered dominion over the certificate or over the deposits made pursuant to the certificate. The language was also insufficient to create an estate and ownership of the entire deposit in the survivor after the death of one of the depositors.
The court below decreed:
*151“4. The deposit in the Dade Federal Savings and Loan Association of Miami, defendant herein, being share savings account No. 8297, which was opened on or about October 29,1941, by John Novark and converted on or about November 2, 1941, into a joint account with Alice Naphtali, is decreed to be the absolute and sole property of the plaintiff, Alice Naphtali, and the defendant Dade Federal Savings and Loan Association of Miami is directed to pay the present balance reflected by this account to the said Alice Naphtali, or to her order, less, however, $250.00 of the same to be paid to H. H. Taylor, as Special Master, as herein ordered.”
Appellant appealed.
The decree should be reversed on authority of Webster v. St. Petersburg Federal Savings and Loan Association, 155 Fla. 412, 20 So. (2nd) 400 and cases there cited.
So ordered.
THOMAS, C. J., ADAMS and BARNS, JJ., cooncur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kuebler v. Kuebler, 131 So. 2d 211 (Fla. 2d DCA 1961)…roperty. Leonard v. Campbell, 1939, 138 Fla. 405, 189 So. 839; Webster v. St. Petersburg Federal Savings & L. Ass’n, 1945, 155 Fla. 412, 20 So. 2d 400; Dodson v. National Title Ins. Co., 1947, 159 Fla. 371, 31 So. 2d 402; Crossman v. Naphtali, 1948, 160 Fla. 148, 33 So. 2d 726; Barbash v. Barbash, Fla.1952, 58 So. 2d 168; Canova v. Florida Nat. Bank of Jacksonville, Fla.1952, 60 So. 2d 627; In re Engler’s Estate, 1952, 3 Fla.Supp. 4, appeal dismissed Fla., 66 So. 2d 305; and Coffey v. Commissioner of Intern…
-
Tanner v. Robinson, 411 So. 2d 240 (Fla. 3d DCA 1982)…f her dominion and control, Kuebler v. Kuebler, 131 So. 2d 211 (Fla. 2d DCA 1961); Eulette v. Merrill Lynch, Pierce, Fenner, & Beane, 101 So. 2d 603 (Fla. 3d DCA 1958), divestiture or delivery could not occur. Cf. Crossman v. Naphtali, 160 Fla. 148, 33 So. 2d 726 (1948) (no gift of savings account); Dodson v. National Title Insurance Co., 159 Fla. 371, 31 So. 2d 402 (1947) (no gift of escrowed deed); Webster v. St. Petersburg Federal Savings & Loan Association, 155 Fla. 412, 20 So. 2d 400 (1945) (no gift of…
-
Crabtree v. Garcia, 43 So.2d 466 (Fla. 1949)…establish a joint account of survivorship in the manner provided by Section 689.15, F.S.A., which was considered by this Court in Cerny v. Cerny, 152 Fla. 333, 11 So. 2d 777; Kozacik v. Kozacik, 157 Fla. 597, 26 So. 2d 659; and Crossman v. Naphtali, 160 Fla. 148, 33 So. 2d 726. See also Lynch v. Murray, 5 Cir., 139 F. 2d 649 and a very enlightening discussion of the latter case in University of Florida Law Review, Vol. 1, No. 3, page 462. Appellant contends that the joint account was controlled solely by t…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Webster v. ST. Petersburg Fed. Sav. & Loan Ass'n, 155 Fla. 412 (Fla. 1945)