Estate of Hysinger, Matter of

• Decision Date: 16 January 1990
• Docket Number: No. 56510,56510
• Citation: 785 S.W.2d 619
• Parties: In The Matter of the ESTATE OF Bernard G. HYSINGER, Deceased. Vaughn G. HYSINGER and Lana Hysinger, Petitioners-Respondents, v. Francis J. HEENEY, Respondent-Appellant.
• Court: Missouri Court of Appeals

Page 619

785 S.W.2d 619

In The Matter of the ESTATE OF Bernard G. HYSINGER, Deceased.

Vaughn G. HYSINGER and Lana Hysinger, Petitioners-Respondents, v. Francis J. HEENEY, Respondent-Appellant.

No. 56510.

Missouri Court of Appeals,

Eastern District,

Division Five.

Jan. 16, 1990.

Motion for Rehearing and/or Transfer to Supreme Court

Denied Feb. 14, 1990.

Application to Transfer Denied April 17, 1990.

Isadore Scher, St. Louis, for respondent-appellant.

Norah Josephine Ryan, St. Louis, for petitioners-respondents.

JOSEPH J. SIMEONE, Senior Judge.

This is a proceeding to determine title to certain bank accounts in the names of Bernard G. Hysinger, the deceased, and Francis J. Heeney held in joint tenancy with right of survivorship. The probate division of the circuit court, after a hearing, determined that the accounts belonged to the estate of Bernard G. Hysinger and entered judgment on March 28, 1989, in favor of the estate and Charles R. Oldham as personal representative thereof, against the appellant--Francis Heeney, for the balance of funds in the accounts for a total of $18,387.83 plus interest from February 15, 1989 and expenses. We reverse and remand with directions.

These proceedings began with the filing of a petition on January 22, 1988, to determine title to certain bank accounts, filed by the decedent's son, Vaughn and his wife, Lana Hysinger. The petition alleged that the decedent, Bernard G. Hysinger was the owner of certain monies on deposit in two accounts and that the accounts belonged to the estate, despite the fact that the monies were in joint names. The petition alleged that the decedent placed the name of Francis J. Heeney on the accounts with decedent's own money in order to assist him in the writing of checks and payment of bills; that the decedent did not intend to create a joint tenancy and that the petitioners were the rightful owners of the proceeds in the accounts. They prayed that the court determine the nature of the interests in the accounts and direct the delivery of the monies to be paid to the personal representative of the estate.

A hearing was held on the petition in January 1989 before the probate division. The hearing revealed the following.

Bernard G. Hysinger, a man of 76 years of age, died on January 6, 1986. He was survived by his son, Vaughn G. Hysinger, a resident of California. Vaughn is married. The deceased had been in the Coast Guard, and when he was discharged, he was in the enviable position of not having to work because his parents owned "quite a number of acres of land in Indiana and Illinois." While in the Coast Guard he was a mechanic. Bernard's wife, Rosalee, died in 1977. Bernard had been acquainted with the appellant, Francis J. Heeney, an elderly gentleman, since sometime prior to 1976. Often, Bernard would come to Heeney's home to look at the creek behind Heeney's house. After Bernard's wife died in 1977, Heeney often saw Bernard at a tavern and restaurant, located at Grant and Olive in St. Louis County, owned by Drexal Chaney. ¹ The two often conversed. Sometimes Bernard got drunk and Heeney would drive him home. At the request of Bernard, Heeney performed many personal services for Bernard--such as repairing appliances, shopping and obtaining groceries. At some point, probably in 1979, Bernard asked Heeney to take him to the Charter Bank to open up an account. The two men went to the Charter Bank of Overland (which later became the Boatmens' Bank) and the employee asked Bernard if he wanted Heeney's name on the account. Bernard answered, "yes." When he was asked whether he wanted his son's name on the account, Bernard replied, "no." Two accounts--a savings and checking--were opened. A signature card, signed by Bernard Hysinger and Francis Heeney shows that a savings account was opened on November 21, 1979 and a checking account was opened on October 16, 1980. Although there were two dates on the card, Heeney testified that the accounts were opened on the same day. The custodian of the records at Boatmens could not explain the discrepancy. The signature card had a check mark next to the letters JT.WROS (joint tenants with right of survivorship). All of the funds placed in the account belonged to Bernard. The total amount deposited was $15,788.68. Heeney never requested Bernard to open an account in joint names. In fact, Heeney testified that "he [Bernard] asked me [Heeney] if he could put my name on it [account] because I was doing his shopping [and] I was taking him to the doctor when he wanted to go for a physical." He also testified that Bernard stated that he was the only one "I can depend on when I need something done," and on several occasions said, "when I'm gone, you just close out that account." When Bernard died in January, 1986, Heeney, on the same day, closed out the account and placed the proceeds in a joint account in his name and in his son's name, Daniel F. Heeney. One witness testified that Bernard said, on one occasion, that Heeney was "his angel" and that "he owed him everything and that somehow he would reward him or pay him."

At the hearing to determine title, the attorney for Bernard testified. The attorney had represented Bernard for over thirty years. In 1980, Bernard wanted a codicil drawn to his will, but the attorney drew a new will in October, 1980. In a handwritten note to the attorney, Bernard wrote that, as to the Charter Bank of Overland account, "after all of the expenses [are] paid all of these accounts plus my part of [the home at] 8301 Archer and all of my household belongs [to] Vaughn."

The will provided for the care of his dog, and directed that the Collier Funeral Home should handle the arrangements and all the rest of his property should go to his son, Vaughn. The attorney testified that he and Bernard discussed the various accounts and that he wanted the property he owned, including the accounts, to go to Vaughn under the will. The attorney did not know that there were accounts in joint names. Vaughn Hysinger, who testified at the hearing, referred to a letter from his father which stated that Bernard established several accounts, including the Charter Bank Account, and that all these accounts are "in my will for you."

The custodian of records at Boatmens' Bank testified that Boatmens had taken over the Charter Bank of Overland. She produced a signature card signed by Bernard and Heeney; she testified that there was only one signature card, but she couldn't tell from the card what the two dates--1979 and 1980--meant. The card, as stated, had a notation "JT.WROS" with a check mark.

At the close of the hearing, counsel for the petitioners, the Vaughns, contended that, even assuming that a joint account had been opened in the names of Bernard and Heeney, a "mistake" was made in that Bernard did not understand that the survivor, Heeney, would receive the proceeds of the joint account. This "mistake" was shown by Bernard's notes to his attorney and correspondence with his son indicating that he intended to give all his property to his son, Vaughn. Since Bernard continued to believe that the money in the joint account would be part of his estate, it would go to Vaughn, he had a "mistaken belief," as to the nature of the accounts. No contention was made that Bernard suffered from any mental incapacity; nor was there any contention that a fraud or undue influence was practiced upon Bernard.

On March 28, 1989, the probate division issued its "Order Determining Title To Property." In that Order, the court recognized that § 362.470, R.S.Mo.1986, dealing with joint bank accounts, had been complied with and that compliance with the statute constitutes conclusive evidence that the surviving owner of such an account is entitled to the balance, regardless of who deposited the money, absent fraud, undue influence, mistake or mental incapacity. The court, however, stated that despite compliance with the statute, an interested party has an opportunity to show whether or not the decedent was "mistaken as to his intention as to who should receive the balances in the accounts upon his death ..." In order to do this, the court examined the intention of the decedent as shown by his notes, writings and testimony of others. The court found that the evidence shows that decedent was mistaken as to the law regarding the disposition of the funds in the joint accounts. This was shown by the testimony of decedent's attorney and his notes and correspondence. The evidence shows, the court concluded, that the decedent did not understand that the "law" provided that a surviving joint owner who contributed no funds was entitled to the balance in the accounts. "He was mistaken as to the law." The court further concluded that decedent was mistaken as to the facts because he did not understand that these were joint accounts and did not understand that the signature card did not express his intention that the balance should go to his estate.

The court therefore found that (a) the decedent was mistaken as to the law because he did not understand the legal effect of the joint accounts that the survivor was entitled to the balance in the accounts upon his death, (b) the decedent was unilaterally mistaken as to the facts since decedent did not understand the meaning of the words and markings on the signature card, and (c) the decedent's intent was that the balance of the accounts, upon his death, should be considered as part of his estate to be distributed under the will, and that it was not his intent to have the balance in the joint accounts paid to the survivor, Heeney. Since decedent was mistaken as to the law and unilaterally mistaken as to the facts, and since a unilateral mistake permits recission of an agreement, ² the court rescinded the agreement evidenced by the signature card, and entered judgment in favor of the personal representative of the estate in the amount of $18,387.33 ($15,788 originally deposited plus accrued...