Perkins v. City Nat. Bank of Clinton
| Decision Date | 06 March 1962 |
| Docket Number | No. 50545,50545 |
| Citation | 253 Iowa 922,114 N.W.2d 45 |
| Parties | Edna Horton PERKINS, Appellant, v. CITY NATIONAL BANK OF CLINTON, Iowa, Appellee, The British Home, a Corporation, Intervenor-Appellee. |
| Court | Iowa Supreme Court |
Bechly, McNeil & Bonham, Montezuma, and L. L. Jurgemeyer, Clinton, for appellant.
Halbach & Halbach, Clinton, for intervenor-appellee.
This is a law action. Plaintiff seeks judgment against defendant bank for failure to honor a check drawn on a joint account in the name of plaintiff and one Reverend Thomas Horton, now deceased. Because of a controversy over ownership of the account, the bank asked that it be permitted to pay the funds into court and be relieved of liability. The intervenor claims the funds under an assignment and contract made before the creation of the joint feature of the account. The real controversy is between plaintiff and intervenor.
Edna Horton Perkins, plaintiff herein, is a resident of Hardin County, Iowa. The City National Bank of Clinton, Iowa, defendant herein, is a banking association organized under the laws of the United States with its principal place of business in Clinton, Iowa.
The British Home, intervenor herein, is an Illinois eleemosynary corporation. Intervenor maintains a home for aged people of British extraction.
Reverend Thomas Horton, hereinafter called decedent, had been, prior to retirement, Rector of St. John's Episcopal Church of Clinton, Iowa. Plaintiff is a niece of decedent.
Long prior to July 15, 1947, and continuously thereafter, decedent had a checking account in defendant bank. Until his death, decedent made deposits therein and withdrawals therefrom.
On July 15, 1947, decedent entered and became a resident of the home maintained by intervenor. Except for absences for visits elsewhere, decedent remained a resident of the home until his death.
Coincident with decedent's admission to the home, he executed three instruments identified in the record as Defendant's and Intervenor's Exhibits A, B and C. They are as follows:
EXHIBIT A
'Applicant's Agreement on Admission Into British Old People' Home in Illinois.
'I, Thomas Horton, in signing this agreement, do hereby declare and agree that my admission into British Old People's Home is not by reason of any right or in consideration of any payment made by me or any one for me, but is because its proper authorities, so far as they now know me and are acquainted with my disposition, habits and character, think me worthy of its care and that if I shall be accepted as a resident of the Home I acquire no rights not subject to the discretion and judgment of the Board of Trustees of said Home.
'I agree that I am at all times to be subject to and will obey all the rules and regulations that now govern or may hereafter be made by the Board of Trustees for the government and management of the Home; that I will at all times cheerfully render such aid and assistance in the necessary work of the Home, as the matron or her authorized assistant shall require of me.
'I agree that my remaining in the Home is to be at all times a matter within the control of its Board of Trustees, and if at any time they shall for any reason think my continuance in the Home undersirable, they shall have the right to expel me from it; and in such event I agree that I will quitely and peaceable leave the Home failing which they shall remove me, using such means as may be necessary for that purpose.
'I understand and agree that I am at first received into said Home on probation for a period of six months, after which period the Board will accept and confirm me as a resident of the Home, if the Board so elects, but this shall in no way change the right of the Board to rescind such action and terminate my right to remain in the Home whenever in their opinion it shall be for the best interests of the Home.
'I further understand that the payment of my cash contribution, if any, and an assignment to the Home of all property which I now or may hereafter own and my will leaving all my property to the Home must accompany this agreement.
'Dated July 15, 1947
'Witnesses: /s/ Thomas Horton
'/s/ Mrs. P. L. Richtinger
'/s/ Mrs. Thos. W. Blackwell
'Approved:
EXHIBIT B
'Assignment
'In consideration of my admission to British Old People's Home in Illinois, I, Thomas Horton do hereby assign, set over, transfer and convey unto The British Old People's Home in Illinois, a corporation, all my property, both real and personal of every kind and description, wherever situated, which I now own or to which I may hereafter become entitled, including any annuity, pension, old age assistance, income, right or benefit, and I further agree and covenant to promptly furnish the said Home with full information in relation to any such property or rights, and also to execute and deliver to the said Home any further transfers, conveyances or assurances which may be required to carry out this agreement and the provisions thereof. It is further understood that the Home shall be made the beneficiary of any insurance policy on my life whereupon the Home shall assume and pay the premiums on each policy assigned to it.
'The following property and insurance policies are now owned by me and are included in this assignment:
'$7500 Cash
'In the event of my permanent removal or withdrawal from the Home for any reason, any money given at my admission shall be refunded, all property conveyed by me shall be returned and all rights and interests assigned shall be reassigned, less a 'Dated July 15th, 1947.
[253 Iowa 927] deduction, however, of Fifteen ($15.00) Dollars per week, for the privileges of the Home during the time of my residence therein, the amount paid on my insurance policies, if any, and such sum of medical and nurse's care and other expenses if any, as the Board of Trustees in its discretion may determine is reasonable, and this assignment shall thereupon become void and of no further force or effect.
'Witnesses: /s/ Thomas Horton (Seal)
'/s/ Mrs. P. L. Richtinger
'/s/ Mrs. Thos W. Blackwell
'Approved:
'By /s/ Julie Cooke Adams
President'
EXHIBIT C
'Will
'I, Thomas Horton, of Clinton, in the County of ________ and State of Iowa, do make, publish and declare this to be my last will and testament, hereby revoking all former wills by me at any time made.
'In consideration of my admission into The British Old People's Home in Illinois I hereby give, devise and bequeath to the British Old People's Home in Illinois, a corporation, all my property, both real and personal of every kind and description, wheresoever situated, which I may own or be entitled to at the time of my death, to have and to hold the same forever for the uses and purposes of said Home.
'And I hereby nominate and appoint to be the executor or executrix of this my last will and testament, the person who is at the time of my death the duly constituted and appointed Treasurer of said corporation, or, in the event of his or her absence or inability to act, the person who is then the duly constituted and appointed Secretary of said corporation, and I desire that no bond shall be required of either of them.
'In case of my permanent withdrawal or removal from said Home for any reason, this will is thereupon to be considered revoked and of no further force or effect.
'In Witness Whereof, I the said Thomas Horton have to this my last will and testament subscribed my name this 15th day of July, 1947.
'/s/ Thomas Horton
'Subscribed, published and declared by the said _____ as and for his (her) last will and testament in the presence of us who at his (her) request and in his (her) presence and in the presence of each other have subscribed our names as witnesses thereto.
'/s/ Elsa J. Fucik residing at 31st Str. and Arden Ave.
'/s/ Eva S. Grumbine residing at 4445 N. Greenview, Chicago.
'Approved:
'By /s/ Julie Cooke Adams
President'
Decedent paid intervenor the $7500 cash referred to in Defendant's and Intervenor's Exhibit B. Decedent took with him to the home his automobile and some personal belongings. Without protest from intervenor, decedent gave away most of these possessions. When decedent entered the home he had on deposit in defendant bank $4469.07 and was receiving from the Church Pension Fund $83.34 per month. After December 31, 1950, the monthly pension was $125. From the date of decedent's admission to the home to the date of his death, decedent received pension checks totaling $14,712.56. The pension checks were deposited in decedent's account in defendant bank. Intervenor knew of this and made no objection and took no action to claim the money during decedent's lifetime.
Decedent made numerous withdrawals from his account. No deposits or withdrawals were ever made except by decedent.
On April 27, 1950, decedent had on deposit in defendant bank $5102.06. On that date decedent and plaintiff executed and delivered to defendant bank an instrument reading as follows:
'Clinton, Iowa
'April 27th, 1950
'We, the undersigned, Reverend Thomas Horton and Miss Edna Horton Perkins now have on deposit in the City National Bank of Clinton, located at Clinton, Iowa, a sum of money as shown and represented by Account Checking and other sums will probably be added to said account in the future, and it is now hereby agreed between us, the undersigned and also between us, the undersigned jointly on the one part and the said Bank on the other part that either one of the undersigned may draw money from said account at any and all times during...
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