Crist, Matter of
| Decision Date | 07 July 1987 |
| Docket Number | No. 51920,51920 |
| Citation | 732 S.W.2d 587 |
| Parties | In the Matter of Helen S. CRIST, Disabled and Incapacitated, Edith C. Breding, Petitioner-Respondent, Noel Smith, Petitioner-Appellant. |
| Court | Missouri Court of Appeals |
C. Christy Barton, Jefferson City, for Noel Smith.
Mary L. Rhodes, Hannibal, for Edith C. Breding.
James H. Snowden, Quincy, Ill., for Helen S. Crist.
Petitioner Noel Smith appeals that portion of the trial court's order appointing the public administrator as guardian and conservator and denying his petition for appointment. We reverse and remand.
Edith C. Breding filed a petition requesting she be appointed as guardian and conservator for Helen S. Crist, an 83-year-old widow. Shortly thereafter, Mr. Smith filed his petition requesting the court appoint him. Both petitioners agreed that a guardian and conservator was needed. In his petition, Mr. Smith identified himself as Mrs. Crist's brother and alleged that he was entitled to preference over Mrs. Breding because she "is not related to [Mrs. Crist]." The trial court appointed attorney James Snowden as guardian ad litem for Mrs. Crist, and the parties waived a jury trial.
Mrs. Breding's evidence consisted of her testimony and a copy of a medical report from Mrs. Crist's physician. Mrs. Breding is the stepdaughter of Mrs. Crist. Her father married Mrs. Crist when Mrs. Breding was 23; Mrs. Breding married two years later. Mrs. Crist remained married to Mrs. Breding's father until his death in 1972. Mrs. Breding described her relationship with Mrs. Crist, recounted assistance she had provided Mrs. Crist in the past, and expressed her willingness and ability to be guardian and conservator. She stated she visited Mrs. Crist at a nursing home in Canton, Missouri, once a week. Mrs. Breding said she presumed Mr. Smith to be capable of being Mrs. Crist's guardian and conservator, but she would rather be appointed. She testified that "[a]llegedly, her brother [petitioner Smith] has power of attorney." From Mrs. Breding's testimony, we discern that Mrs. Crist has at least one other living relative, a sister.
The guardian ad litem testified about his conversation with Mrs. Crist at the nursing home and his observations about her condition. He stated that "[a]s much as she could understand the situation, she indicated to me that she had no objection and that she felt she did need help to--to handle her affairs." The guardian ad litem said Mrs. Crist understood his reference to Mr. Smith and Mrs. Breding and she considered both to be "quite trustworthy."
Petitioner Smith's evidence consisted of his own testimony and that of two other witnesses. Mary Vaughn, who was a neighbor of Mrs. Crist for more than 15 years and who worked at the nursing home where Mrs. Crist had resided since December 1985, testified about Mrs. Crist's present and previous mental condition and work that Mr. Smith and his wife had done at Mrs. Crist's house. Eleene Glascock testified she had known Mrs. Crist "some 40 years" and had prepared income tax returns for her. She said that, for tax years 1983 and later, Mr. Smith would gather the necessary information and send it to her.
Petitioner Smith testified that he had been taking care of Mrs. Crist's business affairs and "seeing after her all the best we could between me and my sister." He had taken care of Mrs. Crist's yard and performed minor repairs around her house. He had been taking care of Mrs. Crist's financial affairs and had possessed a power of attorney since 1983. Prior to her entry into the nursing home, Mrs. Crist could write checks on her bank account, but the bank notified Mr. Smith if she wrote checks for more than $50.00. Mr. Smith said Mrs. Crist's assets consisted of "her home, her property," a money market account, and her checking account. Previously, her money was in certificates of deposit, but she misplaced some of the certificates. He stated he put his own money into Mrs. Crist's checking account so there would be "enough to cover the bills" because her social security and interest income were not adequate to meet her needs. From January through early June 1986, he had deposited about $4,650.00 to Mrs. Crist's account. He said his purpose in advancing the money was so "she can have enough principal to take care of her the rest of her life." The transcript then reveals the following during Mr. Smith's direct examination:
Q. All right. Now, Mr. Smith, do you plan to continue to keep on supplementing your sister's income in this fashion--
A. As long as she lives.
Q. All right. Now, let me ask you the question a different way. If--if the Court does not appoint you as conservator of your sister's estate, would you continue to subsidize and put the money in the way you have?
A. Absolutely not.
Q. All right.
A. Because I'm doing my very best to handle this thing so she can get by as reasonable as she can and have enough to--to take care of her as long as she lives.
Q. All right.
Mr. Barton: All right.
THE COURT: There is nothing before the Court.
The Witness: Okay.
THE COURT: I'm ready to rule the case. I've heard enough. I will not be intimidated by your proposed threats from the stand. I find that the person is indeed in need of a guardian and a conservator. A public administrator will be appointed conservator of the estate. The public administrator will be appointed guardian of the person.
The Court is adjourned.
On appeal, Petitioner Smith contends the court erred in terminating the hearing and entering judgment during presentation of his case-in-chief and in failing to appoint him guardian and conservator because there are no grounds to overcome the "preference-for-relatives rule." 1
We do not reach the merits of the appointment because the action of the trial court in abruptly terminating Petitioner Smith's direct testimony requires reversal and remand. By summarily stopping the hearing and making a ruling, the trial court deprived us of a full record from which to review the correctness of the appointment of the public administrator.
Although the trial court has broad discretion in the conduct of a trial, its power is not without limitation. Holt v. Queen City Loan & Investment, Inc., 377 S.W.2d 393, 400-401 (Mo.1964). The trial judge should "listen, hear and from the evidence determine the issues raised by the pleadings...." Chalfin v. Chalfin, 121 Cal.App.2d 229, 263 P.2d 16, 19 (1953). To fulfill this duty, the judge, by his manner and conduct, should not prevent a full presentation of relevant evidence. The court should not adopt or exhibit a hostile attitude toward a party, his counsel, or a witness. Duncan v. Pinkston, 340 S.W.2d 753, 757 (Mo.1960). Even when exposed to great provocation, as courts many times are, utterances that defeat the right of a party to a fair trial are not justified. Id. Effective remedies are available to courts to deal with persons appearing in court who are "deemed to be obstreperous." See, Duncan, 340 S.W.2d at 757.
We recently have reviewed at least three cases in which the trial court directed a verdict or...
To continue reading
Request your trial
-
Estate of Potashnick, Matter of
...if the nominee is willing to serve, is qualified under § 475.055, and is not unsuitable." Id. at 434. See also, In the Matter of Crist, 732 S.W.2d 587, 590 (Mo.App.1987). Clearly, the guardianship provisions of the Probate Code contemplate that one who is disabled is not necessarily incompe......
-
Estate of Davis, In re
...1048 (Mo.1916) (uncles), and those cases interpreting § 475.050(3), the codification of the common law rule. See, e.g., Matter of Crist, 732 S.W.2d 587 (Mo.App.1987) (brother); Matter of Gollaher, 724 S.W.2d 597 (Mo.App.1986) (parents); Brown v. Storz, 710 S.W.2d 402 (Mo.App.1986) ...
-
Byrne v. Schneider, No. 58316
...the ward requests, or whom it could be inferred she would request, should, consequently, be given preference. In the Matter of Crist, 732 S.W.2d 587, 590 (Mo.App., E.D.1987). The appellant contends that the nomination made in the ward's durable power of attorney should be given no weight, a......
-
In re Benson
...ordinary civil suit in which one party sues another and injustice is determined by its effect on the losing party...." Matter of Crist, 732 S.W.2d 587, 590 (Mo.App.1987). Here, of course, in addition to affecting the applicants who sought to be appointed guardian, the Probate Court's ruling......