McCoin v. Wineinger

California Court of Appeal Oct 15, 1935 No. Civ. 10382Published

Before: Shinn

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Holding. The court held that a husband's unilateral withdrawal of funds from a joint tenancy bank account did not terminate the wife's interest in those funds, and upon her death, the husband acquired the entire sum as the surviving joint tenant rather than as community property.

Issues

Whether the withdrawal of funds from a joint tenancy account by one spouse terminates the joint tenancy interest of the other spouse.
Whether funds withdrawn from a joint account and placed in an individual account remain joint property in the absence of an agreement to change their character.

Disposition. reversed

Quotations verified verbatim against the opinion

“the withdrawal of the money from the bank by J. M. McCoin did not have the effect of terminating the wife’s interest therein”

“upon the death of his wife title to the money became entire and absolute in the husband, as the surviving owner, but not as the surviving member of the community.”

SHINN, J.,

pro tem.

This is an appeal from a decree in probate, distributing the sum of $1,091.30 to appellant, father of decedent, and an equal amount to respondents, heirs of Lula Mae Wineinger McCoin, predeceased wife of decedent. All sums of money involved were acquired as community property of decedent and his wife Lula Mae McCoin. If, at the time of death of Lula Mae McCoin, the money was the property of the community, it was properly distributed by the decree appealed from. If, at that time, the property was held in joint tenancy by decedent and his wife, or if it was the separate property of decedent, the whole thereof, and not the half, was distributable to appellant as sole heir of the decedent.

The decedent John M. McCoin and Lula Mae McCoin married in May of 192'0, and were husband and wife until the death of the wife on December 21, 1932. The court found upon facts that were stipulated and upon evidence that was introduced, as follows: “That on the 5th day of January, 1926, the decedent John M. McCoin and his wife, Lula Mae McCoin, deposited in the Farmers & Merchants Bank of Long Beach a joint account in the sum of $1,500, at which time they entered into an agreement in writing executed by them pertaining to the said account, in words and figures following:

“Authorized signature of Mr. and Mrs. J. M. McCoin In Account with Sav. Dept. Farmers and Merchants Bank of

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Long Beach. We, the undersigned, hereby agreed, to and give each to the other, a joint ownership in all moneys now on deposit or at any time hereafter deposited by us for us, or either of us, together with all accumulations thereon, in our account with the above-named bank, payable to either ‘ of us, or to the survivor, and authorize each the other to endorse and cash or deposit checks payable to either of us.

“We hereby agree to the rules governing the Savings Department of the Farmers and Merchants Bank of Long Beach, as to all deposits and withdrawals made on this amount.

“Signature Mrs. J. M. McCoin

“Signature J. M. McCoin

“Date 193 Dept. $-”

McCoin v. Wineinger

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SHINN, J.,

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