Chism v. Steffens, WD
| Decision Date | 21 August 1990 |
| Docket Number | No. WD,WD |
| Citation | 797 S.W.2d 553 |
| Parties | Dean E. CHISM, Personal Representative of Inez D. Chism, Appellant, v. John T. STEFFENS, Jr., Dorothy K. Steffens, and Kathleen Elaine Steffens, Respondents. 42016. |
| Court | Missouri Court of Appeals |
Albert W.L. Moore, Jr., Newhouse, Byers & Moore, P.C., Independence, for appellant.
William B. Collins, Lee's Summit, Larry A. Schaffer, Burmeister, Schaffer, McIntosh & Effertz Independence, for respondents John and Dorothy Steffens.
William C. Pevestorff, Jr., Independence, for respondent Kathleen Steffens.
Before ULRICH, J., Presiding, and SHANGLER and TURNAGE, JJ.
Dean E. Chism, personal representative of Inez D. Chism, deceased, appeals judgment entered following verdicts on two counts for defendants, Dorothy K. Steffens, her husband, John T. Steffens, Jr., and their daughter, Kathleen Elaine Steffens. Mr. Chism contends that $39,569.81 delivered to Dorothy Steffens by Inez Chism, natural mother of Dean Chism and Dorothy Steffens, prior to her death, was not a gift but was intended by Mrs. Chism to be used for her care during the remainder of her life. Thus, Dean Chism contends that the sum is now the property of Mrs. Chism's heirs. The judgment is affirmed.
Mr. Chism makes several claims on appeal. He contends that the trial court erred by (1) overruling his motion for summary judgment; (2) overruling his motion for directed verdict; (3) admitting irrelevant, immaterial and prejudicial evidence; (4) excluding evidence which he offered; (5) failing to grant a new trial because of comments made by defense counsel during the trial; and by (6) declining to give requested instructions, one of which would have placed the burden of proof on the defendants to prove that the money received by Dorothy Steffens was a gift.
Arthur C. Chism and his wife Inez owned a house in Kansas City, Missouri. They had been married for sixty years and were the parents of four adult children, Don, Dean, Martha Smith, and Dorothy Steffens. During the 1970's and early 1980's, Dean lived in Rushville, Missouri, Dorothy lived within the Kansas City metropolitan area, Martha lived in Arizona and Don lived in California. In September 1981, Mr. Chism and his wife decided to sell their house and move into their daughter Dorothy's residence. Arthur died on January 20, 1982, before the house was sold.
On February 20, 1982, Inez Chism signed a contract to sell her house. After she signed the contract but before closing the transaction, Inez told her son Dean and his wife Velma that she wanted Dorothy to have the money received from the sale of the house.
Inez Chism, with her daughter Dorothy, spoke to a tax consultant in March 1982. Inez told the consultant that she wanted to make a gift to Dorothy and Dorothy's husband John, and she wanted to avoid gift tax. The consultant told Mrs. Chism that she could give gifts of up to $10,000 per person every year and avoid paying gift tax on the amount given.
Inez Chism gave money to her son Dean. On March 26, 1982, the day after Inez Chism and her daughter Dorothy spoke to the tax consultant, Inez gave $5,000 to her son, Dean, and his wife Velma. On April 3, 1982, Inez gave Dean and Velma an additional $2,600.
On April 2, 1982, Inez Chism received $39,569.81 net for the sale of her house. She deposited the sum into two interest bearing accounts at the Farm and Home Savings and Loan Association, for which certificates of deposit were issued.
The first account, in which $20,000 were deposited, listed as owners "Inez D. Chism and Dorothy K. Steffens, or either/or survivor." On May 10, 1982, Kathleen Steffens, daughter of Dorothy and John Steffens, was added as an owner of the account and the listed owners became, "Inez D. Chism or Dorothy K. Steffens or Kathleen E. Steffens or survivor." The account bore Inez Chism's social security number. The bank's practice was to send the interest earned to the first person listed on the account, and a check for approximately $243 representing the interest earned was sent to Inez each month. Inez gave the amount of the interest to her granddaughter Kathleen Steffens each month, and Kathleen gave the money to her mother, Dorothy.
The remaining $19,569.81 were deposited into the second account. "Dorothy K. Steffens (sic) or John T. Steffens Jr. or Kathleen E. Steffens or either or Surv." were the recorded owners of the account.
Also on April 2, 1982, Dorothy Steffens prepared a document entitled "codicil" to attempt to explain, according to Inez's deposed testimony, "what we did with these monies today." The notarized document states the following:
CODICIL TO LAST WILL AND TESTAMENT OF INEZ D. CHISM, DATED
It is my desire and wish that proceeds from the sale of my home at 11925 E. 44th Street, Kansas City, Missouri, on April 2, 1982, in the amount of $10,000.00 is to be given to my daughter, Dorothy K. Steffens and the amount of $9,569.81 is to be given to my son-in-law, John T. Steffens, to be used for my care and necessities of life as long as I shall live.
The balance of said sale, in the amount of $21,680.19 is to remain in my name and is also to be used for my care and necessities of life as long as I live, in addition to the above named gifts.
Any monies I may have in my possession at the time of my death, over and above the monies mentioned [in] the above two paragraphs, are to be divided equally between my four children as set forth in my LAST WILL AND TESTAMENT, dated, Feb[.], 21st. 1979[.]
/s/Inez D. Chism
On January 17, 1983, the amount in the first account was used to open another account listing as owners Dorothy and John Steffens and their daughter Kathleen. Dorothy Steffens' social security number appeared on the account documentation, and interest earned was reported to the Internal Revenue Service using the number.
The entire sum received by Dorothy Steffens from her mother was deposited into and withdrawn from several accounts in two financial institutions on several occasions over several years before and after suit was filed. On October 9, 1984, $39,753.22, the sum of both accounts into which the monies received by Dorothy Steffens was originally deposited, was removed by her from the two accounts opened April 2, 1982, and deposited into a new account at Farm and Home Savings Association which recorded "Dorothy K. Steffens or John T. Steffens, Jr. or Kathleen E. Steffens or survivor" as owners. The new account was closed on October 15, 1984, and a casher's check in the sum of $39,753.22 was issued by Farm and Home Savings Association, made payable to Dorothy K. Steffens, and was the initial deposit in an account opened at Blue Valley Federal Savings and Loan Association which identified Dorothy and Kathleen Steffens and Inez Chism as joint tenants with the right of survivorship. On October 22, 1984, a week after the account was opened, Inez Chism's name was removed from the account as an owner, and John T. Steffens, Jr.'s name was added. $39,569.81 were transferred from the account to two certificates of deposit, on November 1, 1984, one in the sum of $19,569.81, and the second in the sum of $20,000. John and Dorothy Steffens were the recorded owners of the first certificate of deposit. The second listed John, Dorothy and Kathleen Steffens and Inez Chism as owners. Inez Chism's name was deleted on February 15, 1985. On May 7, 1986, the money represented by the two certificates of deposit totaling $39,617.79 was transferred to a new account, and John and Dorothy Steffens were the recorded owners. This account was closed on June 2, 1986, and another account was opened in the sum of $39,569.81. John, Dorothy and Kathleen Steffens were the recorded signatories. This account remained open until June 2, 1987. Inez Chism filed suit in 1986.
Inez Chism moved to Dorothy and John Steffens' house in March 1982. She remained a resident of the Steffens' home until October 19, 1984, when Dorothy and she discussed her leaving Dorothy's and John's home for another residence. Mrs. Chism moved from the Steffens' home. Mrs. Chism stated by deposition that she was told to leave, and Dorothy Chism testified that her mother was not told to leave. Mrs. Chism later demanded the money provided to the Steffens family be returned. The family declined to return the money. Mrs. Chism filed her lawsuit, died during the proceeding, and her son Dean was substituted as her "personal representative" in her place.
As point (1), Dean Chism claims the trial court erred by overruling his motion for summary judgment. He contends that the parties' depositions proved the money delivered to Dorothy and John Steffens was to remain Mrs. Chism's and was not a gift. 1 A trial court's denial of summary judgment is not appealable either from the court's order denying the motion or from the final judgment. Farmers and Merchants Insurance Company v. Cologna, 736 S.W.2d 559, 569 (Mo.App.1987). Point (1) is denied.
Mr. Chism contends as point (2) that the trial court erred by failing to grant his motion for a directed verdict. He argues his entitlement, saying that (A) Dorothy Steffens made admissions during trial that the money received from her mother was provided, not as a gift, but for her mother's needs; (B) the attorney representing Mr. and Mrs. Steffens admitted plaintiff's claim during his opening statement; (C) the document prepared by Mrs. Steffens and signed by her mother and Mrs. Chism's deposition testimony that her daughter, Dorothy, told her that the money would be spent only for Mrs. Chism's benefit as long as she lived, were not denied by the defendants; and, finally, (D) the failure of the defendants to submit to the jury an affirmative defense instruction abandoned their defense that Inez Chism made a...
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