Andrews v. NCNB National Bank of Florida (In Re Andrews)

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

The debtor and his wife, as trustees for their children, seek the recovery of $1,581. The defendant bank has answered. The matter was tried on August 2.

The facts are not in significant dispute. In October, 1980, plaintiffs using their funds opened two saving deposit accounts with the defendant bank in their joint names “ITF” for their two minor children. They retained the passbooks and powers to withdraw the funds. On February 25,1983, the bank applied both accounts to a debt owed jointly to the bank by plaintiffs. On March 4, 1983, the…