Beamon v. Ross

• Decision Date: 20 December 1988
• Docket Number: No. 54327,54327
• Citation: 767 S.W.2d 580
• Parties: Minnie BEAMON, Guardian and Conservator of the Estate of Minnie Ross, Plaintiff-Respondent, v. Jessie ROSS, Defendant-Appellant.
• Court: Missouri Court of Appeals

Page 580

767 S.W.2d 580

Minnie BEAMON, Guardian and Conservator of the Estate of Minnie Ross, Plaintiff-Respondent, v. Jessie ROSS, Defendant-Appellant.

No. 54327.

Missouri Court of Appeals,

Eastern District,

Division Four.

Dec. 20, 1988.

Wilson Gray, St. Louis, for defendant-appellant.

Andrew G. Neill, St. Louis, for plaintiff-respondent.

SMITH, Presiding Judge.

Defendant appeals from the order of the trial court in a discovery of assets proceeding holding that $48,456.50 claimed and held by defendant belongs to plaintiff. We affirm.

On February 6, 1950, Odia Ross and Minnie Ross, his wife, opened savings account number 283460-1 with First National Bank in St. Louis (now Centerre Bank). The account was in the name of Odia Ross or Mrs. Minnie Ross, either or survivor. On December 21, 1984, Odia Ross authorized the bank to change the name on the account to "Odia Ross or Minnie Ross or Jessie Ross." The account number remained the same. Jessie Ross was the widow of Odia Ross' brother. In 1984 Odia was approximately 90 years old; Minnie was approximately 85. Minnie was afflicted with Alzheimer's disease and by 1984 was mentally incapacitated although not judicially so declared. Odia was in good health and fully competent. On April 16, 1986, Odia choked to death on a piece of food. A niece moved into the home to look after Minnie and discovered the account passbook which she turned over to Jessie. At the time the account contained $48,456.50.

Upon receiving the passbook Jessie closed out the account and deposited the money into a new account in the joint names of herself and a granddaughter. She thereafter withdrew in excess of $10,000 from that account and deposited it into an account in her name with Boatmen's Bank. Jessie utilized portions of the money from account number 283460-1 for personal purchases. She provided none of the money to Minnie and expended none for Minnie's benefit. It was her contention in the trial court and here that half the money belongs to Minnie and the other half to her. This rests upon her conclusion that Odia was the sole source of the funds in the account. Jessie contributed nothing to the account, and she was never given the passbook or any information regarding the account until after Odia's death. The record does not reflect whether Minnie personally made any deposits into the account.

Minnie was adjudicated as incapacitated and disabled in 1986. The guardian and conservator of her estate brought this action to discover the funds from the Centerre account as an asset of Minnie's. The trial court found Minnie was the sole owner of the account and ordered Jessie to deliver the sum of $48,456.50 plus interest to the conservator.

Section 362.470 RSMo 1986, provides for the creation and interpretation of joint bank accounts. In Estate of LaGarce, 487 S.W.2d 493 (Mo. banc 1972), the court held that the statute created a statutory joint tenancy and that "upon the death of the depositor who furnished the money, we cannot see any reason why the surviving joint tenant should not be held to be the owner of the deposit even though the donor may have intended to retain the beneficial interest in the account during his lifetime." [2-4]. In Carroll v. Hahn, 498 S.W.2d 602 (Mo.App.1973) we held that LaGarce did not deal with the rights of the parties to such joint accounts during their lives. During the lives of the parties the depositor who furnished the money may revoke the joint tenancy. While any joint tenant may withdraw any or all of the funds "the realities of ownership, the real intention of the parties and the purpose and nature of the account may be shown to determine the interest each has in the account, thus subjecting the one who has...