Estate of Steppuhn, In re, 84-202

• Decision Date: 06 December 1985
• Docket Number: No. 84-202,84-202
• Citation: 377 N.W.2d 83,221 Neb. 329
• Parties: In re ESTATE OF Yula E. STEPPUHN, Deceased. Eula Mae HAWKINS, Personal Representative of the Estate of Yula E. Steppuhn, Deceased, and Donald Tweedy, Appellees, v. LoRayne VanWYK, Personal Representative of the Estate of Henry A. Steppuhn, Deceased, Appellant.
• Court: Nebraska Supreme Court

Page 83

377 N.W.2d 83

221 Neb. 329

In re ESTATE OF Yula E. STEPPUHN, Deceased.

Eula Mae HAWKINS, Personal Representative of the Estate of Yula E. Steppuhn, Deceased, and Donald Tweedy, Appellees, v. LoRayne VanWYK, Personal Representative of the Estate of Henry A. Steppuhn, Deceased, Appellant.

No. 84-202.

Supreme Court of Nebraska.

Dec. 6, 1985.

Syllabus by the Court

1. Decedents' Estates: Courts: Jurisdiction: Equity. The county courts, in exercising exclusive original jurisdiction over estates, may apply equitable principles to matters within probate jurisdiction.

2. Statutes: Constitutional Law: Appeal and Error. When a statute is constitutionally suspect, the Supreme Court will endeavor to interpret it in a manner consistent with the Constitution.

3. Courts: Jurisdiction: Constitutional Law: Equity. The common law and equity jurisdiction granted the district court by the Constitution cannot be legislatively limited or controlled.

4. Decedents' Estates: Courts: Jurisdiction: Equity. In common law and equity actions relating to decedents' estates,

the county courts have concurrent original jurisdiction with the district courts.

5. Tenancy in Common: Joint Tenancy: Presumptions: Intent. In matters involving joint ownership a tenancy in common is ordinarily presumed, and in order to find a joint tenancy the court must find a clear expression of an intent to create a joint tenancy.

Joseph C. Byam of Byam & Byam, Omaha, for appellant.

Neil S. Schilke of Sidner, Svoboda, Schilke, Wiseman, Thomsen & Holtorf, Fremont, for appellee Hawkins.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

WHITE, Justice.

This is an appeal from an order of the district court for Dodge County affirming the decision of the county court that it had subject matter jurisdiction of the case, that the title to the bearer bonds in question was held as tenants in common, and that the appellees' decedent's estate was entitled to one-half of the bearer bonds, or one-half of their value, plus one-half of any interest accrued from March 18, 1979, the date of Yula E. Steppuhn's death.

The appellant in this case is the personal representative of Henry A. Steppuhn, deceased, and the appellees are the personal representative of Yula E. Steppuhn, deceased, and Donald Tweedy, the residuary devisee of Yula E. Steppuhn.

This is a dispute over ownership of bearer bonds owned by Henry Steppuhn and Yula Steppuhn, husband and wife. Henry and Yula were married for 25 years. Yula died on March 18, 1979, and Henry died on February 3, 1983.

Prior to their deaths, the parties maintained a joint account with the investment banking firm of Robert E. Schweser Company, Incorporated, in Omaha, Nebraska. When the account was opened, Yula made a specific request that it be a joint account under the names "Henry and/or Yula Steppuhn." All the invoices received by the Steppuhns when they purchased bonds that were from Robert E. Schweser Company in the Steppuhn account appeared as a joint account in the records of Robert E. Schweser Company, and if one of them had died, the company would have delivered any bonds in its possession to the survivor. The office orders and confirmations from the Robert E. Schweser Company show that the bearer bonds were sold to "Mr. Henry Steppuhn and/or Mrs. Yula Steppuhn."

The Steppuhns purchased bearer bonds from the Robert E. Schweser Company out of funds from their joint checking account at First National Bank and Trust Company of Fremont. The bonds were delivered to the Steppuhns, receipted for by either Henry or Yula, or in some cases both, and placed in a safe-deposit box at Equitable Federal Savings & Loan Assn. in Fremont, Nebraska. The safe-deposit box was leased jointly under the names "Henry Steppuhn and Yula Steppuhn," and both Henry and Yula had access to the safe-deposit box at all times.

The Steppuhns had been married for 25 years and were retired. The Steppuhns would go to the safe-deposit box, clip the coupons from the bonds when due, and deposit the funds in their joint checking account.

When Yula Steppuhn became ill and was in the hospital, she made sure, in the event anything happened to her, that LoRayne VanWyk knew about the bonds and could take Henry to the safe-deposit box and help him clip the coupons and deposit the funds in the Steppuhns' joint checking account. In a letter to her sister-in-law before her death, Yula stated, "We have Municipal bonds in bank box 5991 Equitable Savings & Loan .... [T]hey are very prompt sending checks to Henry A. Steppuhn."

After Yula's death on March 18, 1979, the bonds remained in the possession of Henry Steppuhn. He continued to clip the coupons and deposit the proceeds in the same checking account. Yula Steppuhn's will does not identify the bonds, but paragraph 1 of her will states in part, "My husband and I have a considerable amount of jointly held property." In addition, a note in Yula Steppuhn's handwriting found in Henry's papers after his death states in part, "We have $25,000 in bank box in Municipal Bonds in Safety Deposit Box--Equitable--Fremont."

On February 3, 1983, Henry Steppuhn died, and on March 9, 1983, a short form inventory was filed in Henry Steppuhn's estate. This inventory included the bearer bonds.

First, we address the issue of subject matter jurisdiction. The county court has been given jurisdiction by the Legislature to handle probate matters. Neb.Rev.Stat. § 24-517 (Cum.Supp.1984) states in part: "Each county court shall have the following jurisdiction: (1) Exclusive original jurisdiction of all matters relating to decedents' estates, including the probate of wills and the construction thereof."

Neb.Rev.Stat. § 30-2211 (Reissue 1979) states:

(a) To the full extent permitted by the Constitution of Nebraska, the court has jurisdiction over all subject matter relating to (1) estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons; (2) protection of minors and incapacitated persons; and (3) trusts.

(b) The court has full power...