Deposit Trust & Savings Bank v. Hauert

• Decision Date: 28 July 1922
• Docket Number: 22,908,22,909
• Citation: 189 N.W. 599,153 Minn. 102
• Parties: DEPOSIT TRUST & SAVINGS BANK, AS TRUSTEE OF THE GOODS, CHATTELS AND PROPERTY OF WILLIAM E. HAUERT, DECEASED v. JENNIE HAUERT AND OTHERS
• Court: Minnesota Supreme Court

189 N.W. 599

153 Minn. 102

DEPOSIT TRUST & SAVINGS BANK, AS TRUSTEE OF THE GOODS, CHATTELS AND PROPERTY OF WILLIAM E. HAUERT, DECEASED v. JENNIE HAUERT AND OTHERS

Nos. 22,908, 22,909

Supreme Court of Minnesota

July 28, 1922

Action in the district court for Winona county to determine rights in certain trust property. The case was tried before Callaghan, J., who made findings and ordered judgment in favor of defendant Otto Olson, as administrator of the estate of Anna Hauert, deceased. The motions of plaintiff and certain defendants to amend the findings was granted in part and denied in part. From the judgment entered pursuant to the order for judgment, plaintiff bank and defendants Jennie Hauert, William Knecht, Edwina Koelmel, Louisa Knecht Caroline Neiheisel, Jacob Hauert and Albert Hauert appealed. Affirmed.

SYLLABUS

Evidence that no trust was created authorizing disposal of property after death.

It is the claim of plaintiff that deceased and her husband during lifetime of both gave over certain property in trust for certain purposes and directed also the disposition of the property after the death of both husband and wife. There is testimony to that effect and it is not directly contradicted. Facts and circumstances are, however, disclosed by the evidence which sustain a finding made by the trial court that no trust, authorizing the disposal of the property after death, was created.

Tawney, Smith & Tawney and Brown, Somsen & Sawyer, for appellants.

Theodore Buehler and Webber, George & Owen, for respondents.

OPINION

HALLAM, J.

William E. Hauert and Anna Hauert, his wife, lived their early life on farms in the Waumandee valley in Buffalo county, Wisconsin. William attended the common schools there. Anna's education was very limited. After their marriage they went from place to place, showing little evidence of prosperity. They had no children. He was, at different times, common laborer, proprietor of a saloon, janitor in a flat building and perhaps followed other avocations. Both were industrious and thrifty. He had bad health. She helped him in his work where she could. Unbeknown to any one they accumulated about $12,000. Most of this was in money deposited in various banks. The evidences of these deposits they kept in a box in their home. Originally most of the deposits were in the name of William E. Hauert, but some years before his death they were transferred to the name of Anna Hauert. Lena Hauert was a sister of William E. Hauert. Through their whole life they sustained very close and confidential relations. Lena was a seamstress, had lived in Winona for more than 30 years, had had some business experience, and was much loved and trusted by William and Anna. In the summer of 1918, William and Anna were living at Buffalo City, Wisconsin. William was suffering from tuberculosis and he sent for Lena to come to him. She came in July. Her testimony is that, while she was at Buffalo City, the following occurred:

William, lying in bed, called her and said:

"Lena, Anna and I have been talking the matter over. We want you to live with us. We have plenty -- and you won't have to work any more. Then he said: "Anna, go and get my box and bring it to me." She brought it and put it on the bed and he unlocked it, put on his spectacles; he opened it, took out the books and papers. He said: "Here are all our books and papers, besides what you already have at home, in Winona. Now, in all," he said, "we have twelve thousand dollars; two bank books on the St. Paul State bank. Now, I have a certificate or a draft in St. Paul and I want you to take to Cochrane and two hundred dollars of it (the amount of it was $361.60), two hundred dollars of that put on deposit, one certificate of deposit two hundred dollars; one hundred fifty in the pass book, and $11.60 you will give to Anna," and I did so. * * * He took the books and showed them to me, handed them to me to look at, and he says "You take these and keep them, and look after Anna; draw the interest; give her all the money she wants to use, and we also have planned -- we want a lot in the Waumandee Cemetery near the Catholic Church, and on that lot I want you, with her assistance, to erect a monument as soon as things shape themselves. You have experience in getting monuments, and I know we have trusted to you, Anna and I," and she said "I certainly do, for I haven't had any experience in anything of that kind," -- "the monument not to exceed a thousand dollars. Now, after her death we have planned out where the money should go and what to do, if any." * * * "One thousand to go to you; five hundred to sister Jennie -- Will's sister Jennie; five hundred to his nephew, Will Knecht; one thousand to their niece, Lena Fink, and a thousand dollars to the Catholic Church of Waumandee for Masses, and if there is any left after that to be divided equally among his sisters and brothers. Now, Lena, will you do this?" and I said I would.

Her testimony is that Anna was sitting at the bedside at the time and that Anna said: "Lena, you have always been our standby and we want you to do all that Will has said and we trust you."

She testified that thereupon the bank books and certificates of deposit were delivered to her and that she kept them in her possession until after the death of both William and Anna and in the meantime attended to the collection of the interest and such other business transactions as the instructions of...