Clay County State Bank v. Simrall, 21827
| Decision Date | 01 June 1953 |
| Docket Number | No. 21827,21827 |
| Citation | 259 S.W.2d 422 |
| Parties | CLAY COUNTY STATE BANK v. SIMRALL et al. |
| Court | Missouri Court of Appeals |
Simrall & Simrall, James S. Simrall, Jr., and Julia C. Simrall, Liberty, for appellants.
L. M. Bywaters, Arthur R. Kincaid, and Lawson, Hale & Coleberd, all of Liberty, for respondent Clark.
SPERRY, Commissioner.
Plaintiff, Clay County State Bank, a banking corporation, had among its deposits the sum of $1,500, same being the remaining balance of funds originally on deposit in said bank to the credit of James C. Shelton, deceased (represented here by defendant Ernest Wharton, administrator), Eva E. Shelton, deceased, former wife of J. C. Shelton (represented here by R. L. Clark, her administrator), and Lillian C. Simrall, daughter of J. C. Shelton.
Mr. Shelton died on February 22, 1950 and, thereafter, the administrator of his estate, and each of the surviving depositors claimed the entire fund. Plaintiff instituted this suit by bill of interpleader, as a disinterested stakeholder, and tendered the money into court. Plaintiff prayed the court to determine and adjudge the ownership of said fund, to allow plaintiff its attorney fees and costs, and to discharge it from further liability.
The action was tried in equity. The court sustained the bill of interpleader and adjudged: that plaintiff be allowed the sum of $200 as and for its attorney fees herein; that the balance of the account, $1,300, be paid to the estate of Mrs. Shelton; and that the costs be paid by defendants Ernest Wharton and Lillian C. Simrall. Defendant Simrall prosecutes this appeal.
This being an equity case we will review it de novo and, subject to the rule of deference, reach our own decision on the law and the evidence. Peikert v. Repple, 342 Mo. 274, 114 S.W.2d 999, 1002; Ver Standig v. St. Louis Union Trust Company, 344 Mo. 880, 129 S.W.2d 905, 907.
Mr. and Mrs. Shelton were married August 14, 1935, and lived as husband and wife until Mrs. Shelton died, February 22, 1950. It was the second marriage for both, but no children were born of this marriage. Mr. Shelton was engaged in the real estate business in Excelsior Springs and Mrs. Shelton worked in his office, assisting him, and also engaging in making income tax returns for various clients, selling drivers', automobile, hunting and fishing licenses. They occupied the same office and established and maintained a joint bank account, with right of survivorship, in plaintiff's bank. Each had executed a signature card. Proceeds of the earnings and income of both were deposited in this account, and each wrote checks thereon. This was the situation until Mrs. Shelton suffered a stroke, on April 2, 1947. From that date until the death of Mr. Shelton, checks were written on, and deposits made in, this account by Mr. Shelton alone. Defendant Simrall made no deposits in the account or wrote any checks thereon, at any time. Mr. Shelton was in ill health and underwent two operations and had three blood transfusions during the time of the illness of Mrs. Shelton. Mrs. Shelton went to California, some months prior to Mr. Shelton's death, and remained there until he died.
Mrs. Shelton testified by deposition to the effect that she and Mr. Shelton kept and maintained the above-mentioned account, in the manner stated, for several years prior to her illness in April, 1947, and that she never knew, until after Mr. Shelton's death, that the name of defendant Simrall had been added to the account.
Mr. Heberling, plaintiff's vice president and cashier, testified to the effect that both Mr. and Mrs. Shelton had signed deposit cards establishing the account; that funds of both were deposited therein for many years; that the account remained in the names of J. C. and Eva E. Shelton, until 'Sometime after July, 1949'; that Mr. Shelton came into the bank and told witness that ; that he did not say that Lillian Simrall could have a part or all of said money in the event of his death; that he gave Mr. Shelton a signature card for execution by Mrs. Simrall but it was never returned; that no signature cards were executed by any of the parties to the new account; that the name of defendant Simrall was added to the account upon the oral instruction of Mr. Shelton; that defendant Simrall never made a deposit in or wrote a check on said account prior to Mr. Shelton's death; that Mr. Shelton continued to write checks thereon, which checks were cashed; that 'we have nothing to show what belongs to all three parties to the account or nothing that they couldn't check on it'; that shortly after the bank opened, on February 23, 1950, after Mr. Shelton's death, Mrs. Simrall came in and asked about the account; that the ledger sheet was inspected by witness and appellant; that it showed a balance of $1,895.76; that appellant was informed that plaintiff had no legal advice to the effect that it could, legally, pay out funds of a 'three name' account on the check of any one survivor; that she and witness agreed to set aside $1,500 of the account, to be held pending determination of the bank's rights and obligations with regard thereto; that she signed a check drawn on the account for $1,500; that a deposit slip was made out for said amount, which is as follows: 'Deposited with Clay County State Bank by Clay Co. State Bk. Escrow.' which instrument was in evidence; that Mrs. Simrall was given a receipt, upon which appears the word 'Escrow,' which receipt was in evidence; that thereafter, the $395.76 balance was paid out; and that, thereafter, claim and demand was...
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