Jeffries' Estate, In re, 52844
| Decision Date | 13 May 1968 |
| Docket Number | No. 52844,No. 1,52844,1 |
| Citation | 427 S.W.2d 439 |
| Parties | In the Matter of the ESTATE of Rosetta JEFFRIES, Deceased, Respondent. Terry Lynn EVANS, by Gayle Guffey, Guardian, Petitioner-Respondent, v. Walter JEFFRIES, Respondent-Appellant |
| Court | Missouri Supreme Court |
Hyman G. Stein, Charles Alan Seigel, St. Louis, for petition-respondent.
Flynn, Parker & Badaracco, St. Louis, for respondent-appellant.
HIGGINS, Commissioner.
Proceeding for the discovery of assets under Sections 473.340 to 473.353, V.A.M.S. Trial to the court without a jury resulted in a judgment against respondent-appellant for unlawfully withholding from the estate of Rosetta Jeffries, deceased, $81,788.18 with interest of $16,254.56, a total judgment of $98,042.74.
Rosetta B. Jeffries died intestate May 18, 1963, survived by her second husband, respondent-appellant, Walter Jeffries, and her granddaughter, petitioner-respondent, Terry Lynn Evans, daughter of Mrs. Jeffries' deceased son, Warren Evans.
Mr. Jeffries was appointed administrator of the estate of Rosetta Jeffries in the Probate Court of the City of St. Louis July 25, 1963. He filed inventory listing and valuing real estate known as 5032 Oleatha Avenue, $25,000; Certificate of Deposit, Jefferson-Gravois Bank, ARC 4264, April 28, 1961, payable to Rosetta Jeffries, $10,000; 1963 Ford Galaxie automobile titled to Rosetta B. Jeffries, $1,600.
Terry Lynn Evans, on May 1, 1964, filed affidavit in the probate court in the estate of Rosetta Jeffries, pursuant to Section 473.340, supra, stating that she had cause to believe that Walter Jeffries 'has concealed or embezzled or is otherwise unlawfully withholding certain personal property of the decedent, * * * approximately $238,000.00, * * * and is in the possession of said Walter Jefferies (sic) or under his control (and) should be delivered to the said estate of Rosetta Jefferies (sic), deceased.' The affidavit prayed that Walter Jeffries he cited to appear before the probate court 'and admit or deny the allegations * * * and to be examined under oath concerning the wrongful withholding of assets * * * and answer all interrogatories * * *.' Section 473.343, supra.
The citation was issued by the probate court May 1, 1964, and on May 20, 1964, Walter Jeffries appeared and denied under oath the allegations of the affidavit. Issue for trial was made thereafter upon certain of petitioner's interrogatories and appellant's answers, which were made as of February 17, 1965. Section 473.350, supra; Carmody v. Carmody, 266 Mo. 556, 181 S.W. 1148, 1151(3); Allmon v. Allmon, Mo.App., 306 S.W.2d 651, 654(1).
By Interrogatory One (a), Walter Jeffries was asked, 'Do you have or did you ever have in your possession or under your control any assets, monies, or property at any time belonging to the deceased, Rossetta Jeffries?' Mr. Jeffries answered, 'None, except as inventoried.' By Interrogatory One he was asked, 'What were your assets and the value of such assets on December 31, 1948?' His answer valued his assets on that date at $35,000 to $40,000, consisting of an account with balance unknown in Southwest Bank in his and his mother's names; savings accounts at Mercantile Trust Company, Tower Grove Bank, and Jefferson-Gravois Bank, balances unknown; and a 1947 Oldsmobile coupe. Interrogatory Two sought the income, inheritance and gifts, loans, sales of assets, and amounts expended for living expenses of Mr. Jeffries during the years 1949--1964, and his assets and their value, and his liabilities and their amounts, on December 31 of each of those years. He answered that after his marriage to Rosetta, 'everything that we had was placed in accounts in our joint names'; amounts of his income and sales of assets were unknown, as were his amounts expended for living expenses, and his assets as of December 31 in each of the years mentioned, except for real estate consisting of 'Ranch Type five room home on five plus acres at Festus, Missouri; purchased in 1953 for $10,500.00; property placed in joint names,' and a 1952 Ford truck, cost unknown, and a Ford Galaxie received from and 'described in my late wife's estate for approximate value of $1,600.00.' Interrogatory Three asked for the amount and source of money he had on deposit in Southwest Bank to which he stated the amount to be unknown and the source as a 'Joint account with my late wife since 1948.' Interrogatory Four sought and obtained the same answers as to deposits he had in Jefferson-Gravois Bank. Interrogatories Five, Six and Seven asked if he had any deposits in the Festus Bank, Tower Grove Bank, and Manchester Bank and, if any, their source. He answered 'No' and that the source was 'not applicable.' Interrogatory Eleven asked: 'List all assets, if any, which you claim were owned by Rosetta Jeffries and yourself either jointly, as tenants by the entirety, or as tenants in common, at the time of the death of said Rosetta Jeffries and in connection therewith state the following:
Answers:
'3. No.'
Upon the issues thus framed, the probate court found against petitioner and dismissed the citation. Petitioner appealed to the circuit court where the matter was tried de novo by the court without a jury.
Hyman Stein first met Rosetta and her first husband, George Evans, in the early 1930's when he was their attorney and they, as a husband and wife partnership, owned and operated Evans Bedding Company near 11th or 12th and Russell in St. Louis, Missouri. Mrs. Evans, due to lack of education and knowledge of business, sewed and taught other employees; Mr. Evans attended to sales and business matters. Mr. Evans died in August 1945, but the business continued with their son, Warren, entering the business as a partner with his mother. In early 1949 Rosetta and Warren changed their business from a partnership to a corporation, George Evans Bedding Company. Each owned equal shares and they, together with Mr. Stein, were the board of directors. Immediately prior to incorporation of the George Evans Bedding Company, the value of Rosetta's interest in the partnership was $85,791.93, $25,000 of which was put in the corporation for which she received one half the corporate stock.
Warren Evans died in 1951 and his widow, Gayle, mother of petitioner Terry Lynn Evans, joined the business. Later in 1951, Rosetta and Gayle sold the business by sale of the corporate stock. Rosetta received $35,000 for her half of the stock, making her total realization from withdrawals and sale of her interest in the business begun by her and her husband $95,791.93. She deposited in the Southwest Bank a check of August 16, 1951, for $32,500 payable to herself.
Rosetta owned the property on Russell Avenue upon which the George Evans Bedding Company did business. Upon sale of that business to American Bedding Company, she leased the building and premises initially for $6,000 per year, receiving $33,000 during the term of the lease. She sold this property is two parcels for $40,000 in 1959 and $11,500 in 1962, a total of $51,500.
The property at 5032 Oleatha, inventoried in the estate at $25,000, was purchased by Rosetta for $15,000 after Mr. Evans died. She, and eventually Mr. Jeffries, lived there until her death, occupying the downstairs; Warren, Gayle, and Terry Lynn lived upstairs.
Sidney S. Cohen inventoried a safe deposit box belonging to Rosetta September 27, 1945. He listed cash, $3,500; United States Savings Bonds, Series 'G,' $10,000; U.S. Treasury Bonds due December 15, 1969, $10,000; and 4,500 shares of Detroit Michigan Stove stock which Rosetta sold in February, March, and April, 1946, for $47,937.52.
During all the time Mr. Stein had known Rosetta, she was always working; he did not remember her ever taking a vacation; she dressed very modestly.
In 1948 Rosetta married Walter Jeffries, whose income, according to Mr. Cohen, certified public accountant, Mr. Cohen prepared income tax returns for Rosetta and Walter from 1948 until at least through 1951, during which time the bulk of income was from her rents and interest.
Evidence through bank officers and exhibits showed these accounts and real estate in the names of Walter and Rosetta Jeffries on May 18, 1963, the date of Rosetta's death:
Certificates of Deposit
---------------------------------------------------
Southwest Bank, "Rosetta or Walter R. Jeffries
as joint tenants with right of survivorship
and not as
...To continue reading
Request your trial
-
King's Estate, In re, s. KCD
... ... Ray, 336 S.W.2d 731 (Mo.App.1960); In Re Estate of Jeffries, 427 S.W.2d 439 ... Page 211 ... (Mo.1968); and Ambruster v. Ambruster, 326 Mo. 51, 31 S.W.2d 28 (1930) ... There are ... ...
-
Stillings v. Citizens Bank of Ava, 12208
...opened in the names of husband and wife there is a presumption the account is owned by them as tenants by the entirety. In re Estate of Jeffries, 427 S.W.2d 439 (Mo.1968); In re Estate of O'Neal, 409 S.W.2d 85 (Mo.1966); Conrad v. Bowers, 533 S.W.2d 614 (Mo.App.1975). Under the circumstance......
-
Estate of Huskey v. Monroe
...evidence to rebut it must be so strong, clear, positive and definite as to leave no doubt in the trial court's mind. In re Estate of Jeffries, 427 S.W.2d 439, 444 (Mo.1968). Upon the death of one tenant by the entirety, the other spouse succeeds to the ownership of the whole title, not beca......
-
Fulton v. Fulton
...an estate by the entirety whether the husband or the wife or both furnished the monies that went into the account. In re Estate of Jeffries, 427 S.W.2d 439, 444(2) (Mo.1968); In re Estate of O'Neal, 409 S.W.2d 85, 90-91(2-5) (Mo.1966). Although the presumption is rebuttable, the evidence to......
-
Section 3.10 Prior Statements Made by a Party
...admission. This is true even though the prior statement is made under oath, including an interrogatory. In re Estate of Jeffries, 427 S.W.2d 439, 444–45 (Mo. 1968). Similarly, a party’s deposition testimony, not offered by that party, does not constitute a judicial admission. Jones v. Wilba......
-
Section 3.4 Admissions Against Interest and Declarations Against Interest Compared to Judicial Admissions
...interest in other proceedings may be accepted or rejected by the trier of fact as with any other evidence. In re Estate of Jeffries, 427 S.W.2d 439, 444–45 (Mo. 1968); Silver Dollar City, Inc. v. Kitsmiller Constr. Co., 931 S.W.2d 909, 917 (Mo. App. S.D. 1996). An abandoned pleading, even i......