Robinson, Matter of, 56501
| Decision Date | 15 May 1990 |
| Docket Number | No. 56501,56501 |
| Citation | 791 S.W.2d 844 |
| Parties | In the Matter of Mattie L. ROBINSON, Ward-Protectee. Dale E. COPE, Successor-Conservator Petitioner-Respondent, v. WESTERN SURETY COMPANY, Appellant. |
| Court | Missouri Court of Appeals |
Rollin J. Moerschel, Thompson & Mitchell, St. Charles, for Robert M. Robinson and Western Sur. Co.
Dale Eugene Cope, Troy, for Mattie L. Robinson and Dale Eugene Cope.
This is an appeal by Western Surety Company from a final judgment entered on March 10, 1989 by the probate division of the circuit court of Lincoln County ordering that the estate of Mattie Robinson, a disabled and incapacitated person, recover from Robert M. Robinson, the former conservator of the estate, and Western Surety Company the amount of $50,888.22 plus interest from the date of the judgment, representing $43,489.11, the net amount of the proceeds from the sale of the protectee's real estate, and personal property plus interest of $7,399.11. We affirm.
Mattie L. Robinson was an elderly lady born on September 22, 1915. She lived in Troy, Lincoln County, Missouri. Her husband and only daughter predeceased her. She had two grandchildren, Robert Mitchell Robinson of Tacoma, Washington, and Carles M. Coard, a granddaughter. Mrs. Robinson owned some 3.22 acres of real estate, a house and household personal property in Lincoln County, Missouri. On November 10, 1980, sometime after her husband's death, she executed a general warranty deed of her real estate together with her house, held in her name as a single woman, to "Mattie Robinson and Robert M. Robinson as joint tenants with right of survivorship and not as tenants in common." Section 442.450, R.S.Mo., 1986.
Inasmuch as Mrs. Robinson had suffered a stroke affecting the right side of her body, and had a brain tumor leaving her unable to speak, a petition for the appointment of a guardian and conservator was filed on July 17, 1986 by her grandchildren, Robert M. Robinson and Carles Coard. Robert Robinson sought to be appointed as conservator of her estate and Ms. Coard petitioned to be appointed guardian of her person. Chapter 475, R.S.Mo.1986. A hearing was held on the petition on August 6, 1986, after a guardian ad litem was appointed for Mattie. At that hearing it was determined that Mrs. Robinson had had a stroke, that she had a tumor "deep in her brain," that she could not speak, and was therefore disabled and incapacitated. At this hearing, Robert Robinson testified that the real estate is "in my grandmother's name and my name." He testified that he did not give any money for the purchase of the property, and that his grandmother "did things like that in case something like this [stroke] happened." He said that putting the two names on the property was a gift. He also stated he did not have any interest in the property, was not sure how the property was titled and that his grandmother put his name on the deed to insure that she was taken care of. The court found that Mattie Robinson lacked the capacity to meet essential requirements for her physical care and lacked the ability to manage her financial resources. The court appointed Robert M. Robinson as her conservator, and appointed a designated Missouri agent to receive process in Missouri. Bond was set at $65,000 but later reduced to $50,000. An inventory was filed which did not show the property was held as joint tenants but showed that Mattie and Robert owned the property. The house and real estate were valued at $57,500 and the personal property at $850. The Western Surety Company executed a bond in the amount of $50,000 on August 6, 1986. On August 8, 1986 also, the court entered an order to sell the real estate at private sale for cash for some $57,000 to certain vendees, and a report of the sale was later made by the conservator. However, on August 26, 1986, the conservator moved to set aside the order for sufficient reason, and the order of sale was set aside. An amended inventory was filed appraising the real estate at $52,000. On September 22, 1986, the conservator, Robert Robinson, filed a petition for an order to sell the real estate for some $48,125 at private sale for cash. The court entered its order to sell and the property was sold to Mr. and Mrs. Hutt. In November, 1986, the court entered its order confirming the report of sale and ordered execution of the instruments to effect the purchase.
On December 1, 1986, the sale of the real estate was closed. Robert, as a joint tenant, and his wife and Robert as conservator executed a deed to third persons. The net proceeds of the sale, after certain payments were made to creditors of the protectee in the amount of $42,639.11 plus the value of the personal property in the amount of $850, were forwarded to Robert Robinson, the conservator in the state of Washington. The court ordered the proceeds to be paid into the estate of Mattie, and later ordered Robinson to make an accounting and settlement. No settlements were ever filed by Robert. Although ordered by the court, Robert did not make an accounting for the net proceeds of $42,639.11 or the $850, a total of $43,489.11.
On April 23, 1987, Dale Cope, an attorney in Troy, Missouri, was appointed as the successor conservator of Mattie. In June, 1987, Mr. Cope wrote to Robert Robinson indicating that a settlement had not been made and demanding that the money be turned over and that the failure to do so would result in suit being filed against him and his surety. On August 26, 1987, Cope filed his petition for the discovery of assets alleging that Robert had possession of assets belonging to the estate of Mattie, and that although the court had ordered a settlement during his service as conservator, he has failed to make a settlement and deliver the assets to the court. The petition prayed that the court discover the assets and turn them over. The petition was served on Robert in Tacoma, Washington, and on May 8, 1988, appellant, Western Surety Co. entered its appearance. No response was ever made by Robert. Finally, on August 19, 1988, the successor conservator, Cope, made a motion for judgment by default on the part of Robert and a motion for a determination of Western's liability as the surety. A hearing on this motion was held on December 1, 1988.
At that hearing, Robert did not appear and was in default. Western Surety Company appeared by counsel. The attorney for Robert, who was the attorney who filed the original petition for the appointment of the guardian and conservator, testified. It was his testimony that prior to filing the petition for the appointment of a conservator, he, the attorney, advised Robert against filing the petition to be appointed conservator. The attorney stated:
Not only did I advise him about this thing, but I tried to talk him out of doing the guardianship totally so that he could if he'd just wait a while, as I explained to him more than once, if he'd just wait a while, the property is going to be [his]. Don't go through all this trouble and this expense. Told him that more than once, many times. And he insisted upon going through with it after I had explained that the proceeds of any sale of this place are going to go to your grandmother's estate. And you're going to have to make your accounting to the Probate Court for it. Just don't do it. No, he wanted to do it. Insisted upon it.
The attorney also testified that Robert, in the presence of his sister and his wife, said that the deed was made "as a matter of convenience, that it was really his grandmother's property and that she put his name on the deed so that in case of her death he could quickly sell the property and pay her funeral bill." The attorney also testified that Robert continued to say that
On March 10, 1989, the court issued its judgment and made findings of fact and conclusions of law. The court found that Mattie Robinson's husband died in 1978 and that, on November 10, 1980, she deeded her real estate to herself and Robert Robinson as joint tenants with right of survivorship. The court found that Robert requested to be appointed conservator and that attached to the petition was an exhibit showing that "Mattie L. Robinson and Robert M. Robinson are owners" of the property. The court further found, in finding of fact No. 3, that prior to filing the petition for appointment, and in conferences with his attorney, Robert was advised that he had a legal interest in the real estate, that he did not have to renounce his interest therein and if the property were not sold, he would inherit the whole of the interest upon her death, but that Robert informed his attorney that he did not want any interest in the property and wanted everything to go to the care of Mattie. The court also found in finding of fact No. 6 that, at the hearing on the petition for the appointment of the conservator, Robert claimed to have no interest in the property or the proceeds thereof and that Mattie had put his name on the deed to insure she was taken care of in case "something like this [stroke] happened." The court found that the inventory filed on August 8, 1986 did not purport to show a joint tenancy. In finding of fact No. 10, the court found that the petition to sell the real estate and the subsequent report of sale did not purport to claim any interest in the proceeds, all of which coincided with Robert's testimony. The court indicated that, according to the final report of sale, Robert collected $44,716.27 from the sale, but paid $2,077.16 for his protectee's bills. The balance of $42,639.11 and the proceeds of the sale of the personal property in the amount of $850 have never been accounted for.
In its conclusions of law, the court recognized that the deed of ...
To continue reading
Request your trial
-
Peet v. Checkett (In re Peet)
... ... In re Robinson, 791 S.W.2d 844, 848 (Mo.App.1990). Severing any of the four unities destroys a joint tenancy. The ... ...
-
In re Estate of Corbin
... ... her objections to the proposed final settlement of the estate because she had standing, as a matter of law, to object to the settlement. She contends that her objections, if taken as true, ... Id. In support of their position, Respondents rely on In re Robinson, 791 S.W.2d 844 (Mo.App.1990), and In re Estate of Weddle, 84 S.W.3d 144 (Mo.App.2002). Robinson ... ...
-
Wax & Werner v. Wax, ED78153
...In Matter of: Rosalie H. Wax, Charles A. Werner, Personal Representative, Petitioner/Appellant, ... Murray ... joint tenancy severs the joint tenancy and vests all interest in the other ... " Matter of Robinson, 791 S.W.2d 844, 848-49 (Mo. App. 1990). The dissolution decree incorporating the separation ... ...
-
Rushing v. Southern Missouri Bank
... ... Lowery, has made no contribution to the funds in [account 4496] which is the subject matter of the preliminary injunction herein ... (b) that said defendant has no interest in said account ... 12 In support of that premise, Personal Representative Lowery cites Matter of Robinson, 791 S.W.2d 844 (Mo.App.E.D.1990), which explains that generally, a joint tenancy may be terminated ... ...
-
Realism and Formalism in the Severance of Joint Tenancies
...and with some reason. See DUKEMINIER and KRIER, supra note 7, at 476. 58. See e.g., Cope v. Western Sur. Co.(In re Matter of Robinson), 791 S.W.2d 844, 850 (Mo. Ct. App. 1990)(holding that joint tenant severed tenancy by his "acts, state-ments, conduct and testimony"); Rotert v. Faulkner, 6......