Judge Cope v. Ricketts

• Decision Date: 07 June 1930
• Docket Number: 29,373
• Citation: 288 P. 591,130 Kan. 823
• Parties: JUDGE COPE, Administrator of the Estate of Rachel E. Ricketts, Deceased, Appellee, v. CHARLES DESMOND RICKETTS et al., Appellants
• Court: Kansas Supreme Court

288 P. 591

130 Kan. 823

JUDGE COPE, Administrator of the Estate of Rachel E. Ricketts, Deceased, Appellee, v. CHARLES DESMOND RICKETTS et al., Appellants

No. 29,373

Supreme Court of Kansas

June 7, 1930

Decided January, 1930.

Appeal from Woodson district court; FRANK R. FORREST, judge.

Judgment reversed.

SYLLABUS

SYLLABUS THE COURT.

ESTATES--Rights of Life Tenant to Insurance--Pleading. Under the circumstances disclosed in the opinion, it was error for the court to render judgment for the plaintiff on the pleadings and trial statement of the defendant.

G. H. Lamb and W. E. Hogueland, both of Yates Center, for the appellants.

F. J. Oyler and G. R. Gard, both of Iola, for the appellee.

OPINION

MARSHALL, J.:

The plaintiff commenced this action to recover on a certificate of deposit issued by the State Exchange Bank of Yates Center to Charles Desmond Ricketts in the name of Rachel E. Ricketts, and collected by Charles Desmond Ricketts through the Commercial State Bank. Judgment was rendered in favor of the plaintiff, and the defendants appeal.

Judgment was rendered on the pleadings and the opening statement of counsel for the defendants. The petition in substance alleged that Rachel E. Ricketts had died; that before her death the certificate of deposit had been issued to her by the State Exchange Bank of Yates Center in the sum of $ 600, and that after her death the defendant Charles Desmond Ricketts presented the certificate to the Commercial State Bank, which with knowledge that the certificate belonged to Rachel E. Ricketts, paid the same to Charles Desmond Ricketts. The answer in substance alleged that Charles Desmond Ricketts was the owner and holder of the certificate of deposit. The trial statement of the defendants showed that J. M. Ricketts, the husband of Rachel E. Ricketts, had died some years previous to the commencement of this litigation; that he owned land in Wilson county in which he devised a life estate to his wife and after his death the fee thereof to his children and grandchildren, describing the land that was to go to each; that the part of the land so devised to Charles Desmond Ricketts, who was a son of J. M. Ricketts, had a house and other improvements on it; that J. M. Ricketts had procured a policy of insurance on the house in the sum of $ 1,200; that after his death the house burned and the insurance was collected by Charles Desmond Ricketts; that after consultation with different members of the family, it was determined the proceeds from the insurance should be deposited in banks and the interest thereon should be paid to Rachel E. Ricketts; that the money was deposited, $ 600 in the Commercial State Bank of Yates Center and $ 600 in the State Exchange Bank of Yates Center; that the interest on the $ 600 deposited in the State Exchange Bank was paid to Rachel E. Ricketts; that the certificate of deposit was renewed by Charles Desmond Ricketts a number of times, but each time it was renewed in the name of Rachel E. Ricketts, and possession of all the certificates was always held by Charles Desmond Ricketts; that Rachel E. Ricketts died, and a few days thereafter Charles Desmond Ricketts presented to the Commercial State Bank of Yates Center the certificate of deposit issued by the State Exchange Bank, indorsed his name on the back of it, and received the money for it; and that at the time of the trial these words appeared about an inch below the indorsement of Charles Desmond Ricketts, "Executor of estate of Mrs. Rachel E. Ricketts." Counsel stated, "How those words got there or who put them there, counsel for the defendant Ricketts does not know." Charles Desmond Ricketts was not the executor of the estate of Rachel E. Ricketts; Judge Cope has been appointed and was the administrator of her estate.

The pleadings put the ownership of the certificate of deposit directly in issue. The trial statement of counsel for the defendants did not admit that the ownership was in Rachel E. Ricketts unless the facts shown by that statement placed the ownership in her. This compels a consideration of the facts shown by the trial statement and of the law applicable to them. Rachel E. Ricketts had a life estate in the real property when the house was burned. Charles Desmond Ricketts was the owner of the remainder, which included the fee.

In 21 C....