Kennemer v. Fort Worth Community Credit Union
335 S.W.3d 843
Tex. App.2011Background
- FWCCU assigns a single membership number to multiple accounts and tracks accounts under that membership; Application for Membership binds terms to all accounts under the number.
- Loren Bartoo opened a share account in 1952 under Membership 1064-0; Billie was added as joint owner under the same membership between 1985–1986 with survivorship terms.
- Account #1 and Account #4 were opened under Membership 1064-0; signatures covered under one signature card because of pre-1998 practice.
- The 2003 Account Information Booklet stated if multiple parties are on an account, they own in proportion and the deceased’s ownership passes to the survivor, aligning with survivorship.
- November 2003 transfers showed Funds moved between Account #4 and #1; Loren died on November 2, 2003; FWCCU paid remaining funds to Billie based on survivorship language.
- Kennemer, as Independent Executor, sued FWCCU seeking one-half of the funds in Account #4; trial court granted summary judgment for FWCCU.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether survivorship language applies to all accounts under the membership. | Kennemer: survivorship limited to Account #1; requires new agreement for Account #4. | FWCCU: membership-based survivorship language governs all accounts under 1064-0. | Survivorship language applies to all accounts under 1064-0; summary judgment affirmed. |
Key Cases Cited
- Valence Operating Co. v. Dorsett, 164 S.W.3d 656 (Tex. 2005) (de novo review for summary judgment standard)
- In re Estate of Rogers, 322 S.W.3d 361 (Tex. App.—El Paso 2010) (summary judgment standard and burden of proof)
- First Union Nat. Bank v. Richmont Capital Partners I, L.P., 168 S.W.3d 917 (Tex. App.—Dallas 2005) (summary judgment framework in Texas)
- In re Estate of Dellinger, 224 S.W.3d 434 (Tex. App.—Dallas 2007) (survivorship form language and account survivorship interpretation)