Courtright's Estate, Matter of

• Decision Date: 31 October 1978
• Docket Number: No. 12265,12265
• Citation: 99 Idaho 575,586 P.2d 265
• Parties: -Appellant, v. Doris ROBERTSON and Donna Charleen Sielaff, Petitioners-Respondents. Supreme Court of Idaho
• Court: Idaho Supreme Court

Page 265

586 P.2d 265

99 Idaho 575

In the Matter of the ESTATE of Opal Baille COURTRIGHT, Deceased,

Gene COURTRIGHT, Personal Representative of the Estate, Respondent-Appellant, v. Doris ROBERTSON and Donna Charleen Sielaff, Petitioners-Respondents.

No. 12265.

Supreme Court of Idaho.

Oct. 31, 1978.

Charles W. Fawcett and Douglas E. McClelland of Skinner, McClelland & Donnelly, Boise, for respondent-appellant.

Cecil R. Greathouse, Robert C. Galloway, Boise, for petitioners-respondents.

McFADDEN, Justice.

This is an appeal taken by Gene Courtright, the surviving spouse and personal representative of the estate of Opal Baille Courtright, deceased. The appeal is from the order of the district court deleting real property and a joint bank account from the inventory and appraisement of the estate upon a finding that the real property had been validly conveyed by decedent during her lifetime, and that the savings account was held in joint tenancy and upon decedent's death the account balance (subject to a determination of any community property interest) went to the decedent's joint tenant, her daughter. The respondents, Doris Robertson and Donna Charleen Sielaff, are respectively the daughter and granddaughter of decedent. We affirm the order of the trial court.

Decedent died intestate on April 24, 1973, and after being appointed personal representative, appellant entered upon administration of her estate. He claimed as a part of the property of the estate the home occupied by him and his wife since their marriage in 1954 as well as the balance of a passbook savings account of decedent and her daughter, respondent Doris Robertson, held by them in joint tenancy with right of survivorship. These items of real and personal property were included in the inventory and appraisement filed in conjunction with the administration of the estate.

Respondents, decedent's daughter and granddaughter, petitioned the district court for an order to show cause why the home and savings account and specific articles of personal property should not be excluded from the estate. Respondent Sielaff claimed that the home had been decedent's separate property and had been validly transferred to her by deed. Respondent Robertson claimed that the joint savings account contained decedent's separate property as well as her (respondent Robertson's) funds, and that respondent, as the sole surviving depositor, was entitled to the balance of the account.

Appellant responded to the petition for an order to show cause, and the district court, after a pre-trial hearing, entered its pre-trial order. The district court heard the case sitting without a jury, and entered its memorandum opinion, findings of fact, conclusions of law and order. The trial court found and held that the home property had been validly conveyed by quitclaim deed to respondent Sielaff prior to decedent's death, but also found that community funds had been expended upon improvement of the property. The court therefore, by order, imposed a lien on this real property in favor of the estate for the amount stipulated as the value of the improvements made from community funds. The court also held that respondent Robertson was entitled to a joint savings account as the sole surviving depositor, but also found that the account contained some community funds, one-half of which the court declared belongs to appellant.

Appellant presents four assignments of error, which in effect challenge (1) the correctness of the trial court's finding of intent by decedent to create a joint survivorship savings account; (2) the court's conclusion that decedent validly gave her real property to her granddaughter; (3) its conclusion that the quitclaim deed to the real property was validly delivered; and (4) the trial court's alleged failure to apply the rule requiring that only by proof by clear and convincing evidence can a gift of the real estate or the creation of the joint bank account be established and sustained.

Dealing with the last assignment of error first, we find no error by the trial court. It appears from this assignment of error that appellant is contending that the trial court failed to apply the correct standard of proof to a case of this nature. He argues that even if the court applied the correct standard, the trial court erred in not explicitly stating the standard it employed. Examination of the record discloses only that the respondents were required to establish their claims to their respective gifts by "clear and convincing evidence." Nor is there any disagreement as to the correctness of that standard of proof.

Furthermore, we find no error on the part of the trial court in not specifically enunciating the standard of proof it employed in resolving the factual issues presented by the parties and in making its findings of fact. In this case the respondents presented their witnesses who testified to the preparation and execution of the deed by the decedent, the delivery of the deed to respondent Robertson in the presence of an attorney, and the mailing of the deed by respondent Robertson to the granddaughter, respondent Sielaff. Regarding the establishment of the joint savings account, respondent Robertson testified as to the source of the funds, the discussions she had had with her mother, and the fact that she, Mrs. Robertson, had contributed at various times to the account. She also testified as to what both she and her mother's understanding was at the time of the execution of the signature card. She testified that both she and her mother understood that upon the death of the other, the survivor would receive the balance of the account. Nowhere in the record was the testimony on these points objected to, impeached or contradicted by appellant.

This court has held that "A trial court in making its findings of fact must find on all material issues before it, but by the same token there is no duty to make findings on issues that are immaterial to the decision." Yreka United, Inc. v. Harrison, 95 Idaho 430, 433, 510 P.2d 775, 778 (1973). Accord, Eschweiler v. Downey, 97 Idaho 299, 543 P.2d 852 (1975); Perry Plumbing Co. v. Schuler, 96 Idaho 494, 531 P.2d 584 (1975). While the standard of evidence was relevant to the issues before the court, the record reflects that the standard Itself was not an issue. The trial court did not err in not stating that it was applying the "clear and convincing evidence" standard because no issue was presented concerning that standard.

Appellant next argues that the trial court erred in finding clear and convincing evidence of decedent's intent to vest respondent Robertson with rights of survivorship in the account.

The record shows the following uncontroverted facts. The savings account was first opened in 1959 in decedent's name. The initial deposits were the proceeds of United States savings bonds jointly owned by decedent and respondent Robertson. The account was changed to a survivorship account on June 7, 1971. At the time of decedent's death in 1973, the account contained $17,139.22 of respondent Robertson's own funds, largely proceeds from the sale of realty deeded to respondent Robertson by decedent. The record also shows that both decedent and respondent Robertson had other bank accounts that they used in managing their individual daily affairs.

Respondent Robertson testified that she and her mother went to the bank together and changed the account to a survivorship account by executing a new signature card. She further testified without objection that both of them understood that if one depositor died, the other would become the owner of the account balance. A thirty-year friend of decedent also testified without objection that decedent had told her of setting up an account that would go to respondent Robertson on decedent's death.

The trial court found "(a)t the time the account was converted to a joint account, on June 3, 1971, the decedent intended to vest survivorship rights in Doris Robertson." That the trial court was aware of the burden of establishing the proof of such intent is found in its statement in a pre-trial conference order ". . . the burden of proof is upon the petitioner (respondent Doris Robertson) to show an intention to give the property to the survivor by clear and convincing evidence."

Appellant's assignment of error challenging the trial court's finding of clear and convincing evidence of decedent's intent to vest respondent with survivorship rights in the joint account presents an additional issue. That issue is, by what standard does this court evaluate the record before the trial court. In a number of previous cases this court has dealt with this problem. In Morrow v. Matthew, 10 Idaho 423, 79 P. 196 (1904), this court, which had before it an issue concerning an oral contract regarding an interest in real property, determined that such contract had to be established by Clear and Satisfactory evidence. The court further stated:

When the fact is established that the contract was entered into, and the terms and conditions thereof are shown, it will be enforced, whether in writing or parol. It is also true that the courts have quite generally held that, in order to enforce the specific performance of a parol contract, it must be Clearly and Satisfactorily shown to the trial court as to its execution and the terms and conditions thereof. If the contract has not been reduced to writing, it must of necessity require a greater weight of evidence to establish its existence, and the terms and conditions thereof, and in those respects satisfy the mind of the court, than if the contract were in writing and produced in evidence. Where, however, the record discloses such facts that a fair and reasonable person might conclude therefrom as to the execution, terms, and conditions of the contract, I do not see how an appellate court is justified in saying that it did not appear Clearly and Satisfactorily to ...