SENG
v.
CORNS
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The Florida Supreme Court affirmed a lower court's decision, holding that under Illinois law, the surviving joint depositor of an Illinois bank account holds legal title to the funds, regardless of who contributed the money. The court declined to provide extensive analysis, deferring to the lower court's interpretation of Illinois law.
Yes, under Illinois law, the survivor of two joint depositors in an Illinois bank takes legal title to the deposit and cannot be compelled to deliver the funds to the Florida executor of the deceased joint depositor.
“The Circuit Court held that under the Statutes of Illinois, and construing the deposit contract before it under the Illinois decisions, the survivor of two joint depositors in an Illinois bank took legal title to the deposit and could not be required to deliver the funds to the Florida executor of the deceased joint depositor, no matter which joint depositor furnished the money so deposited.”
This quote summarizes the lower court's holding regarding Illinois law on joint bank accounts.
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Join FLexlaw to unlock all legal intelligenceThe case involved a dispute over funds in an Illinois bank account held jointly by two depositors. One depositor died, and the executor of their estat…
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TAYLOR, Associate Justice.
The Circuit Court held that under the Statutes of Illinois, and construing the deposit contract before it under the Illinois decisions, the survivor of two joint depositors in an Illinois bank took legal title to the deposit and could not be required to deliver the funds to the Florida executor of the deceased joint depositor, no matter which joint depositor furnished the money so deposited. We agree.
No benefit to the jurisprudence of this State could result from our discussion of the law of a sister state. For the information of counsel, we concur in the able and carefully prepared opinion of Honorable T.G. Futch who decided the case in the Circuit Court. Affirmed.
SEBRING, C.J., and CHAPMAN and MATHEWS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Nahar v. Oral Mildred Jap-A-Joe Nahar, 656 So. 2d 225 (Fla. 3d DCA 1995)…t are subject to conflicting claims, as here, by (1) a surviving joint depositor or account beneficiary and (2) the executor of the estate of a deceased joint depositor or account trustee in a Florida or foreign probate proceeding. In Seng v. Corns, 58 So. 2d 686 (Fla.1952), the Florida Supreme Court held that in a Florida probate proceeding, the law of Illinois governed the disposition of a joint bank account located in an Illinois bank, and that, accordingly, the surviving joint depositor was entitled to t…1 / 2
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Kuebler v. Kuebler, 131 So. 2d 211 (Fla. 2d DCA 1961)…r the right of survivor-ship a gift is presumed and such gift is not measured by the rules governing gifts inter vivos as the nature of a joint tenancy is such that surrender of dominion and control and delivery are missing. Seng v. Corns, Fla.1952, 58 So. 2d 686; Cerny v. Cerny, 1943, 152 Fla. 333, 11 So. 2d 777; Crabtree v. Garcia, Fla. 1949, 43 So. 2d 466; Hagerty v. Hagerty, Fla.1951, 52 So. 2d 432; Spark v. Canny, Fla.1956, 88 So. 2d 307. We agree that the creation of such an estate does not require a c…
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Sanchez v. Zary Maria Sanchez de Davila, 547 So. 2d 943 (Fla. 3d DCA 1989)…y stated legal analysis. It is well settled in Florida that the disposition of a joint bank account, including a Totten trust, is governed by the law of the situs of the account regardless of the domicile of any party to the account. Seng v. Corns, 58 So. 2d 686, 687 (Fla.1952); Lieberman v. Silverstein, 393 So. 2d 565, 566 n. 2 (Fla. 3d DCA 1981).1 Section 655.-55, Florida Statutes (Supp.1988), codifies this choice of law rule as to bank accounts located in Florida: “The law of this state ... shall govern…
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