Dietz v. Humphreys

• Decision Date: 11 March 1974
• Docket Number: No. 56836,No. 2,56836,2
• Citation: 507 S.W.2d 389
• Parties: Mrs. Harley L. DIETZ and William Hartman, Co-executors of the Estate of Julia Humphreys, Deceased, Respondents, v. Charles R. HUMPHREYS, Appellant
• Court: Missouri Supreme Court

Page 389

507 S.W.2d 389

Mrs. Harley L. DIETZ and William Hartman, Co-executors of

the Estate of Julia Humphreys, Deceased, Respondents, v. Charles R. HUMPHREYS, Appellant.

No. 56836.

Supreme Court of Missouri, Division No. 2.

March 11, 1974.

Motion for Rehearing and/or Transfer to Court en Banc Denied

April 8, 1974.

Shifrin, Treiman, Schermer & Gallop, J. Leonard Schermer, Lawrence P. Kaplan, St. Louis, William Hartmann, St. Louis, attorneys for respondent.

Ziercher, Tzinberg, Human & Michenfelder, George J. Bude, Clayton, attorneys for appellant.

STOCKARD, Commissioner.

Charles R. Humphreys has appealed from the judgment of the trial court in which it was decreed that he has no interest in six savings accounts and one certificate of deposit, each of which designated him and plaintiff, his sister-in-law, as joint owners with right of survivorship. The notice of appeal was filed prior to January 1, 1972, and this court has appellate jurisdiction by reason of the amount in dispute.

Because of age and health reasons, Julia and Lester Humphreys, husband and wife, were in a nursing home. They sold their home in Clayton, Missouri, and the money received from the sale was turned over to appellant who placed it in an account in the bank on which he had authority to write checks. According to Charles, in September, 1969, Lester decided there was too much money in the checking account, and that $30,000 should be invested. It was at Lester's suggestion that six deposits of $5,000 each in three different savings and loan associations were obtained. Charles obtained applications from each of the savings and loan associations and took them to the nursing home and they were signed by Lester and Julia, and also by Charles. On September 15, 1969, appellant established the six savings accounts in the names of Lester, Julia and himself in language to comply with § 369.150, RSMo 1969, V.A.M.S., which resulted in the accounts being held in a statutory joint ownership with right of survivorship. In re Estate of LaGarce, 487 S.W.2d 493 (Mo. banc 1972).

Lester died in January, 1970, and subsequent thereto, Charles took to Julia a 'signature card' which both he and Julia signed. Charles then purchased from the St. Louis County National Bank, using money from Julia's bank account, a certificate of deposit in the amount of $10,000 payable to Julia or Charles or to either or survivor, worded in compliance with § 362.470, RSMo 1969, which resulted in the certificate being held in a statutory joint ownership. In re Estate of LaGarce, supra.

On July 6, 1970, Julia filed suit against Charles in which she alleged that she had demanded that Charles turn over to her the certificates evidencing the savings accounts and the certificate of deposit, but that he refused to do so. She also alleged that she 'did not consent to and was without knowledge that Charles R. Humphrey's name would appear as a joint owner with right of survivorship of said accounts and certificate of deposit, he having given no consideration for same nor having received same as a gift.'

The trial court made lengthy and detailed findings of fact. We shall summarize them as to the parts material to this appeal.

It found (1) that Charles had no interest in the property of Lester and Julia which was sold to obtain the money used to purchase the accounts in the savings and loan associations, and that he had no interest in the money used to purchase the certificate of deposit; (2) when Charles took possession of the money of Lester and Julia and when he acquired the various items evidencing an indebtedness he was acting in a confidential relationship; (3) that there was no intention on the part of Lester or Julia to make a gift of the savings and loan certificates or the certificate of deposit at the St. Louis County National Bank; (4) and that because of the cinfidential relationship the purported gift to Charles was presumptively void, and that he had not met his burden of showing that the gift was fair, valid, and free from undue influence. Judgment for plaintiff was entered in accordance with these findings, and Charles appealed to this court. While this appeal was pending the death of Julia Humphreys was suggested, and Mrs. Harley L. Dietz and William Hartman, coexecutors of the estate of Julia Humphreys, deceased, were substituted as respondents.

In making the above findings the court was proceeding pursuant to the rules announced in In re Kaimann's Estate, 360 Mo. 544, 229 S.W.2d 527 (1950); In re Patterson's Estate, 348 S.W.2d 6 (Mo.1961); Jenkins v. Meyer, 380 S.W.2d 315 (Mo.1964); and Wantuck v. United Savings and Loan Association, 461 S.W.2d 692 (Mo. banc 1971). However, in the case of In re Estate of LaGarce, 487 S.W.2d 493 (Mo. banc 1972), decided while this case was pending on appeal, it was stated: 'We have concluded that the heretofore indicated construction (referring to Jenkins v. Meyer, supra, and Wantuck v. United Savings and Loan Association, supra) placed upon our joint account statutes is erroneous and has been misleading to depositors who have complied with said statutes. Our courts have placed limitations thereon and have added requirements thereto which are not contained in the statutes and are not warranted. Section 369.150 specifically and unqualifiedly provides that if the certificate is issued in...