157 So. 2d 534 | Fla. Dist. Ct. App. | 1963
Appellee administrator filed an action for declaratory relief in the Circuit Court of Duval County for the purpose of procuring a judicial declaration as to the ownership of two bank accounts which had been established in the names of his decedent, Janie Graham McQueen, and the appellants Evelyne Demps and Katherine E. Demps, with right of survivorship. From an adverse decree the defendants have appealed.
The decedent, Janie Graham McQueen, was the sister of appellant Evelyne Demps and aunt by marriage of Katherine E. Demps. Two joint bank accounts were separately established with funds owned exclusively by Janie Graham McQueen. Each account was established in the name of Janie G. McQueen, Evelyne Demps, and Katherine E. Demps, as joint tenants with right of survivorship.
At the conclusion of the trial the chancellor filed a memorandum in which he found that all the funds deposited in and credited to the questioned bank accounts were the sole property of Janie Graham
It appears to be appellants’ principal contention that the chancellor erred in finding from the evidence adduced at the trial that no gift inter vivos of the two joint bank accounts was intended or made by Janie Graham McQueen to appellants Evelyne Demps and Katherine E. Demps. Appellants rely in support of their position upon the decision rendered by the Supreme Court in the case of Spark v. Canny
In the colloquy between the chancellor and counsel for the parties as disclosed by the record on appeal it affirmatively appears that in reaching his conclusion the chancellor carefully considered prior decisions of the appellate courts of Florida bearing upon the issues presented for his decision. The chancellor declared that he had given due weight to the presumption of a gift, but in consideration of all the evidence he found no inter vivos gift had been made by the decedent to the appellants; that there was no dona-tive intent on the part of the decedent nor an acceptance of the gift on the part of appellants. The chancellor further stated that he found there had never been a surrender of the right to Evelyne Demps
We have carefully reviewed the evidence reflected by the record and fail to find that the chancellor abused his discretion in making the findings of fact and reaching the conclusions of law as expressed in his written memorandum and in the final decree appealed. The decree is accordingly affirmed.
. Spark v. Canny, (Fla.1956) 88 So.2d 307.
. Josephson v. Kuhner, (Fla.App.1962) 139 So.2d 440.
. F.S. § 689.15, F.S A.