Legal Opinion · Concurrence

Lynch v. Murray

Court of Appeals for the Fifth Circuit

Decided November 29, 1943No. 10638Published

1ConcurrenceRussell, District Judge

I concur in the judgment of affirmance because of the “plain implication of the Florida Supreme Court in the Cerny' case, the State of, Florida will recognize and enforce the doctrine of survivorship with respect to joint bank accounts if the terms of the depository agreement unequivocally provide therefor.” While the evidence is ample to support the finding that Miss Lynch intended to give a joint interest in the deposit to Mrs. Murray with the right to the entire remaining balance in. the checking account if she outlived her, I am not at all certain that the instrument when construed as .a…

2Cases cited7 opinions

  1. Clark v. BridgesSupreme Court of Georgia · 1927
  2. GarlandSupreme Judicial Court of Maine · 1927
  3. In Re HugginsNew Jersey Superior Court Appellate Division · 1924
  4. Staples v. BerrySupreme Judicial Court of Maine · 1912
  5. In re the Estate of CotterNew York Surrogate's Court · 1936

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