Bank of America National Trust v. Lerner

TUTTLE, Circuit Judge:

This is an appeal from a decision of the United States District Court for the Southern District of Florida holding that Lerner, the survivor, was entitled to the funds remaining in a joint bank account with a right of survivorship as against the executor of the estate of the deceased codepositor. This is a diversity ease, and the court sitting in Florida, the law of that state is controlling.

Appellee, Dr. Lerner, and deceased, Oscar Schneider, struck up an acquaintance resulting in a close personal friendship sometime during 1959-1960. Beginning in 1963 and for some two…