Although, in my judgment, there is no ambiguity in the two joint bank accounts before us, I agree that parol evidence may be admitted for the limited purpose of establishing the existence or nonexistence of the agreements, as distinguished from allowing its admission for the purpose of varying the terms of the agreements. For example, such evidence may be received to show that the contract is a forgery, Mauldin v. Reel, 56 So.2d 918 (Fla. 1951), or to show that it was procured fraudulently or in violation of the law, Roper v. Florida Pub. Utils. Co., 131 Fla. 709, 179 So. 904 (1938). Section 658.56(2) seems to codify the above exception to the applicability of the parol evidence rule by permitting the statutory presumption to be overcome by proof of fraud, undue influence, or clear and convincing proof of a depositor's contrary intent.
Affirmed. See Mauldin v. Reel, Fla. 1951, 56 So.2d 918. SMITH, C.J., WALDEN, J., and AQUILINO LOPEZ, Jr., Associate Judge, concur.
This, standing alone, was not legally sufficient to overcome the testimony of the eyewitnesses. Mauldin v. Reel, Fla., 56 So.2d 918, In Re Peterman's Estate, 367 Pa. 302, 80 A.2d 792, Jones v. Jones, 406 Ill. 448, 94 N.E.2d 314. The rule laid down by these, and many other decisions, is succinctly stated in 154 A.L.R. 652 as follows: