Rabuse v. Rabuse

• Decision Date: 03 July 1975
• Docket Number: No. 45607,45607
• Citation: Rabuse v. Rabuse, 231 N.W.2d 493, 304 Minn. 460 (Minn. 1975)
• Parties: William Joseph RABUSE, Petitioner, v. Patricia Mae RABUSE, Respondent.
• Court: Minnesota Supreme Court

Page 493

231 N.W.2d 493

304 Minn. 460

William Joseph RABUSE, Petitioner, v.Patricia Mae RABUSE, Respondent.

No. 45607.

Supreme Court of Minnesota.

July 3, 1975.

Kelly & Finley, David W. Nord and James F. Finley, St. Paul, for petitioner.

Meier, Kennedy & Quinn, William C. Meier, and Gordon W. Shumaker, St. Paul, for respondent.

Heard at Special Term by ROGOSHESKE, KELLY, and TODD, JJ., and considered and decided by the court en banc.

PER CURIAM.

The subject for consideration comes to this court upon a petition for a writ of prohibition.

During the trial of the parties' action and counterclaim for divorce, it was revealed that over a period of time the paternal grandfather had bestowed upon the five children of the marriage various amounts of personal property consisting of money and securities.Such gifts had been made through their father pursuant to Minn.St. c. 527, Uniform Gifts to Minors Act.Prior to the conclusion of the trial, the parties settled their individual property disputes and the wife was granted custody of the children and a divorce.

Upon a motion made by the wife during the course of the trial, presumably in response to the husband's specific request for the court to declare that she had no interest in the funds and property held by him as custodian for the children, the court made as a finding of fact the following:

'That during the course of this trial, it became apparent to the Court that over the past many years various kinds and amounts of property had been gifted to the minor children of the parties by the grandparents of said minor children and that said gifts had been made to the Petitioner herein as custodian under the Uniform Gift to Minors Act.It appeared to the Court that an accounting for said gifts during the course of the trial of this matter was completely inadequate.Questions arose as to the use of said gifted property and the Court is concerned as to the present whereabouts of said gifted property.The Court intends to retain jurisdiction over said matter as it relates to said minor children and has by separate Order appointed a guardian pursuant to statute for said minor children, the purpose of said guardianship and the duties of said guardian has been announced by the Court in said Order.'

The trial court issued an order appointing a member of the bar as guardian ad litem for the children.The order instructed the guardian to investigate and prepare an accounting with respect to the children's funds held by the father as custodian.Upon the challenge by the father as to the validity of the order, this court issued a temporary writ.

On this review, the mother urges that courts may exercise their jurisdiction for protection of infants even if they are not parties to the litigation.The father's challenge to the issuance of the order is based upon the claim that statutory provisions relating to divorce do not authorize the court to investigate the misdealings by a parent of the children's separate property, and more particularly, it is urged that the Uniform Gifts to Minors Act provides within its terms a remedy.Minn.St. 527.08.

Section 527.08 reads as follows:

'Subdivision 1.The minor, if he has attained the age of 14 years, or the legal representative of the minor, an adult member of the minor's family, or a donor or his legal representative may petition the court for an accounting by the custodian or his legal representative.

'Subd. 2.The court, in a proceeding under this chapter or otherwise, may require or permit the custodian or his legal representative to account and, if the custodian is removed, shall so require and order delivery of all custodial property to the successor custodian and the execution of all instruments required for the transfer thereof.'

The provision of subd. 2 which states '(t)hecourt, in a proceeding under this chapter Or otherwise,' makes it clear...