{
  "id": 8523756,
  "name": "GRANT POWELL, Plaintiff v. FIRST UNION NATIONAL BANK and MELANIE POWELL, Administratrix of the Estate of CASEY POWELL, JR., Defendant and Intervenor/Defendant",
  "name_abbreviation": "Powell v. First Union National Bank",
  "decision_date": "1990-04-17",
  "docket_number": "No. 894SC728",
  "first_page": "227",
  "last_page": "229",
  "citations": [
    {
      "type": "official",
      "cite": "98 N.C. App. 227"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "182 S.E.2d 580",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1971,
      "opinion_index": 0
    },
    {
      "cite": "279 N.C. 348",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8567198,
        8567093,
        8567125,
        8567165,
        8567230
      ],
      "year": 1971,
      "opinion_index": 0,
      "case_paths": [
        "/nc/279/0348-04",
        "/nc/279/0348-01",
        "/nc/279/0348-02",
        "/nc/279/0348-03",
        "/nc/279/0348-05"
      ]
    },
    {
      "cite": "180 S.E.2d 424",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1971,
      "opinion_index": 0
    },
    {
      "cite": "11 N.C. App. 1",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8552250
      ],
      "year": 1971,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/11/0001-01"
      ]
    },
    {
      "cite": "254 S.E.2d 547",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1979,
      "opinion_index": 0
    },
    {
      "cite": "41 N.C. App. 117",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8547973
      ],
      "year": 1979,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/41/0117-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 282,
    "char_count": 4725,
    "ocr_confidence": 0.693,
    "pagerank": {
      "raw": 6.862013170351343e-08,
      "percentile": 0.41796317082578943
    },
    "sha256": "06eb0654eab451d0d4f981ed316678e766ca5e1d57cdeeeea359e00f48f7b3c8",
    "simhash": "1:7e53c8ab36df4be5",
    "word_count": 760
  },
  "last_updated": "2023-07-14T19:26:07.401162+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges EAGLES and ORR concur."
    ],
    "parties": [
      "GRANT POWELL, Plaintiff v. FIRST UNION NATIONAL BANK and MELANIE POWELL, Administratrix of the Estate of CASEY POWELL, JR., Defendant and Intervenor/Defendant"
    ],
    "opinions": [
      {
        "text": "PHILLIPS, Judge.\nPlaintiff\u2019s action seeking the release of funds held in a savings account titled in his name and that of the decedent, Casey Powell, Jr., his nephew, was dismissed by an order of summary judgment. The only question presented by the appeal is whether the materials before the court raise an issue of fact as to the bank account involved being a joint savings account with the right of survivor-ship. We hold that no such issue is raised and affirm the order.\nG.S. 41-2.1, the only authority for creating a joint bank account with the right of survivorship, provides as follows:\n(a) A deposit account may be established with a banking institution in the names of two or more persons, payable to either or the survivor or survivors, with incidents as provided by subsection (b) of this section, when both or all parties have signed a written agreement, either on the signature card or by separate instrument, expressly providing for the right of survivorship.\nIn substance, the materials of the parties show without contradiction that though plaintiff and Casey Powell, Jr. intended to establish a joint savings account with the right of survivorship, Casey Powell, Jr. died before signing the agreement. Since the statutory terms for creating a survivorship account were not complied with, plaintiff\u2019s action has no basis.\nNor is there any basis for plaintiffs contention that in any event he is entitled to half the funds since in opening the account he designated himself as a co-depositor and the law presumes equal ownership of such joint accounts. This presumption is rebuttable, however, and the materials of record show without contradiction that the funds deposited were entirely those of Casey Powell, Jr. McAulliffe v. Wilson, 41 N.C. App. 117, 254 S.E.2d 547 (1979).\nPlaintiff\u2019s further argument that an issue of fact exists as to the ownership of certain items of personal property that he was ordered to turn over to defendant administratrix is likewise without basis. The only mention of those items in the pleadings is in the administratrix\u2019s counterclaim \u2014 not responded to by plaintiff \u2014 in which she asserted that they belonged to her intestate. That fact having been adjudicated against plaintiff by his failure to plead to the counterclaim, his affidavit claiming ownership is irrelevant to the case. Hill v. Hill, 11 N.C. App. 1, 180 S.E.2d 424, cert. denied, 279 N.C. 348, 182 S.E.2d 580 (1971).\nAffirmed.\nJudges EAGLES and ORR concur.",
        "type": "majority",
        "author": "PHILLIPS, Judge."
      }
    ],
    "attorneys": [
      "Prince E. N. 'Shyllon for plaintiff appellant.",
      "Benjamin R. Warrick for defendant intervenor appellee Melanie Powell."
    ],
    "corrections": "",
    "head_matter": "GRANT POWELL, Plaintiff v. FIRST UNION NATIONAL BANK and MELANIE POWELL, Administratrix of the Estate of CASEY POWELL, JR., Defendant and Intervenor/Defendant\nNo. 894SC728\n(Filed 17 April 1990)\n1. Banks and Banking \u00a7 4 (NCI3d)\u2014 joint savings account\u2014 survivorship agreement not signed\nThe trial court did not err by granting summary judgment for a bank and an administratrix on the issue of whether a bank account was a joint savings account with the right of survivorship where the materials showed without contradiction that, although plaintiff and decedent intended to establish a joint bank account with the right of survivorship, decedent died before signing the agreement. N.C.G.S. \u00a7 41-2.1.\nAm Jur 2d, Banks \u00a7\u00a7 369 et seq.\n2. Banks and Banking \u00a7 4 (NCI3d>\u2014 joint account \u2014 presumption of equal ownership \u2014rebutted\nThe trial court did not err by granting summary judgment for defendants on plaintiff\u2019s contention that he was entitled to have the funds in a joint bank account where plaintiff designated himself as codepositor in opening the account; the law presumes equal ownership of such joint accounts; and materials of record show without contradiction that the funds deposited were entirely those of decedent.\nAm Jur 2d, Banks \u00a7\u00a7 369 et seq.\n3. Rules of Civil Procedure \u00a7 56.4 (NCI3d)\u2014 decedent\u2019s property\u2014 claim of ownership \u2014 assertion of ownership in administratrix\u2019s counterclaim \u2014no reply \u2014summary judgment for administratrix\nIn an action in which plaintiff sought ownership of certain items of personal property from the administratrix of an estate, plaintiff\u2019s affidavit claiming ownership was irrelevant to the case and summary judgment was properly granted for the administratrix where the only mention of the items of personal property in the pleadings was in the administratrix\u2019s counterclaim asserting that they belonged to her intestate, and that claim was not responded to by plaintiff.\nAm Jur 2d, Summary Judgment \u00a7\u00a7 35, 36.\nAPPEAL by plaintiff from order entered 6 April 1989, nunc pro tunc 3 April 1989, by McLelland, Judge, in SAMPSON County Superior Court. Heard in the Court of Appeals 17 January 1990.\nPrince E. N. 'Shyllon for plaintiff appellant.\nBenjamin R. Warrick for defendant intervenor appellee Melanie Powell."
  },
  "file_name": "0227-01",
  "first_page_order": 255,
  "last_page_order": 257
}
