IN RE BRANDLE'S ESTATE
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The Florida Supreme Court affirmed that a bank account held in the names of George J. Brandle and Louise Vondervied at Dade Federal Savings and Loan Association was properly characterized as a joint tenancy with right of survivorship, not a tenancy in common, based on the express language in the three account documents.
The court held that the account was properly adjudicated as a joint tenancy with right of survivorship because the three instruments expressly provided for survivorship rights, satisfying the requirements of Florida law.
“Membership of joint holders (with right of survivorship) of a share account.”
Language from the membership application establishing the parties' intent to hold the account as joint tenants with survivorship rights.
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Join FLexlaw to unlock all legal intelligenceBrandle requested Vondervied to sign an application for a savings account at Dade Federal Savings and Loan Association. Three documents governed the a…
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MATHEWS, Justice.,
This is an appeal from an order of the Circuit Judge of Dade County, affirming a final order of the County Judge of Dade County, adjudicating that a bank account in the Dade Federal Savings and Loan Association of Miami in the name of George J. Brandle and Louise Vondervied was an account held by them as joint tenants with the right of survivorship and not as tenants in common. There were three documents which must be construed together in determining-whether or not the account was held by the parties as joint tenants with the right of survivorship, or as tenants in common.
There was an application for membership, signed by each of the parties. , There is no question of the authenticity of the signatures. The .application for membership contained the following:
“Membership of joint holders (with right of survivorship) of a share account.”
The words “as joint tenants with the right of survivorship and not as tenants in common” appear twice in the application. The second document is a card which is sometimes referred to as the ledger. It is under the name of each of the parties and at the bottom of1 the ledger, sheet the following words .appear, “as joint tenants with the right of survivorship and not as tenants in common * * * Either of the Above Holders May' Withdraw From the Account”-. -, The third. document is a bank .book which certifies to a saving share account in -the name of each of the parties and with the words “Either of the Above Holders May Withdraw From This Account”. On the second page of this book ’ the' following appears',' George J. Brandle or (Miss) Louise Vondervied as joint tenants with the right of survivorship and not as tenants in common.”
It appears from the record that Brandle requested Miss Louise Vondervied to sign and return' the application. She' did sign and return the application and thereby agreed ' to the terms and conditions set forth therein. " '"
. The appellant calls, particular, attention to section .689.15, F.S., F.S.A., which provides that an individual. “transfer .or. conveyance. heretofore or hereafter made to two or more shall create a tenancy in common, unless the instrument creating the estate shall expressly provide for the right of survivorship”. In this case the three instruments above described expressly provide for the right of survivorship. The cases of Crabtree v. Garcia, Fla., 43 So. 2d 466; Hagerty v. Hagerty, Fla., 52 So. 2d 432, and Crawford v. McGraw, Fla., 61 So. 2d 484, are controlling in this case.
Affirmed.
ROBERTS, C. J., and TERRELL, THOMAS, HOBSON and DREW, JJ., concur. 1 SEBRING, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Leta Margaret Spark v. DeVera Ellen Canny, 88 So. 2d 307 (Fla. 1956)…ments establishing the joint account were sufficient to establish a joint account with right of sur-vivorship, under the authority of Crabtree v. Garcia, Fla., 43 So. 2d 466; Crawford v. McGraw, Fla., 61 So. 2d 484, and In re Brandle’s Estate, Fla., 65 So. 2d 27, and that “there was no fraud or wrongdoing shown by the Defendant, DeVera Ellen Canny which -would alter the above joint account agreement.” Mrs. Spark has appealed from the decree dismissing the cause. It may be conceded that there is nothing in…1 / 2
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N. Shore Bank de bonis non of the Est. of C. Antonio Dattolo v. Hilarian Shea, 148 So. 2d 60 (Fla. 2d DCA 1963)…joint tenancies except where ‘the instrument creating the estate shall expressly provide for the right of survivorship * * See Crawford v. McGraw, supra, 61 So. 2d 484; Crabtree v. Garcia, Fla.1949, 43 So. 2d 466; In re Brandle’s Estate, Fla. 1953, 65 So. 2d 27. “But this court has never held that the lack of donative intent of a deceased joint account holder, with whose funds the joint account was established, could not be shown to defeat a claim by the surviving joint account holder. On the contrary, th…
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Helfritz v. Riegle, 24 Fla. Supp. 95 (Volusia Cty. Cir. Ct. 1965)…tiff relies upon sections 659.29 and 689.15 of the Florida Statutes; Brooker, Survivorship in Joint Bank Accounts, April, 1957 Florida Law Journal, page 183; Crabtree v. Garcia, 43 So. 2d 466; Crawford v. McGraw, 61 So. 2d 484; and Brandle’s Estate, 65 So. 2d 27. The defendant, on the other hand, relies strongly upon the cases of Spark v. Canny, 88 So. 2d 307; Sullivan v. Chase Federal Savings and Loan Association, 119 So. 2d 78 and 127 So. 2d 112; Webster v. St. Petersburg Federal Savings and Loan Associa…
Authorities Cited
- Hagerty v. Hagerty, 52 So. 2d 432 (Fla. 1951)
- Crawford v. McGraw, 61 So.2d 484 (Fla. 1952)
- Crabtree v. Garcia, 43 So.2d 466 (Fla. 1949)