State Bank of Poplar Bluff v. Coleman

• Decision Date: 21 May 1951
• Docket Number: No. 6969,6969
• Parties: STATE BANK OF POPLAR BLUFF et al. v. COLEMAN.
• Court: Missouri Court of Appeals

Page 188

240 S.W.2d 188

241 Mo.App. 600

STATE BANK OF POPLAR BLUFF et al. v. COLEMAN.

No. 6969.

Springfield Court of Appeals, Missouri.

May 21, 1951.

George S. Roudebush, St. Louis, Phillips & Phillips, Poplar Bluff, for appellant.

Robert C. Hyde, Poplar Bluff, for respondent.

VANDEVENTER, Presiding Judge.

This case was started by a bill of interpleader. Answers were filed by Mrs. Beatrice Coleman, widow, and Frank B. Coleman, Executor of the estate, of Charles B. Coleman, deceased. Upon trial, the court rendered judgment for Mrs. Coleman. From that judgment, Frank B. Coleman, Executor, has appealed.

In its bill of interpleader, the State Bank of Poplar Bluff stated that it had in a checking account in the name of 'C. B. Coleman and Mrs. Charles B.' the sum of $6,887.86; that C. B. Coleman died February 1, 1949; that this sum was claimed by the widow of the deceased C. B. Coleman and also by the Executor of his estate. Plaintiff asked permission to pay the sum into court and prayed the court to have these parties interplead. This order was made and Frank B. Coleman, Executor, filed his answer, claiming the sum on the theory that it belonged to the estate of the deceased. Mrs. Coleman in her answer and cross bill claimed that the funds were held as an estate by the entirety and that upon her husband's death, it became hers and she prayed judgment accordingly.

By stipulation and testimony, it was shown that in 1928, C. B. Coleman, who was a practicing dentist, had an account in plaintiff's bank in his own name. That on June 20th, 1934, he married Beatrice McDaniel and that shortly thereafter, the account was changed to the name of C. B. Coleman and Mrs. Charles B. Coleman. They were husband and wife from the marriage until C. B. Coleman's death. From the time the account was changed until his death, both of them drew checks against the account and these checks were honored without any remonstrance from either of them or from the bank. Apparently, Beatrice kept no record of her checks and neither Dr. Coleman nor his secretary, witness Schmerbauch, knew the number of checks she drew during the month until the monthly statement arrived. On occasions, apparently, the account would be overdrawn. This account contained a balance of $6,887.86 at Dr. Coleman's death.

The evidence also showed that Dr. Coleman had a separate account in his individual name in the Bank of Poplar Bluff in which his wife had no interest and that Beatrice M. Coleman had a separate account in her name in plaintiff bank, in which her husband had no interest. Ledger sheets were introduced in evidence which were headed 'Mr. and Mrs. C. B. Coleman, 105 No. Main Street, Poplar Bluff, Missouri.' One signature card filed with the bank May 6, 1942, was signed by both Dr. and Mrs. Coleman and it authorized the bank to recognize these signatures 'in payment of funds or the transaction of other business on our account.' On the bottom of this signature card was the notation put there by employees of the bank in typewriting, 'Coleman, C. B. and Mrs. Charles B.' A charge was made of three cents for each check written on the account above eight in number and an itemized slip stating the amount of this charge was included with the monthly bank statement. On the bottom of this slip was this notation made by the bank, 'Charge account of Mr. and Mrs. C. B. Coleman.' Two of these slips were introduced in evidence. There was testimony relative to other ledger sheets (which were not introduced) which showed they were headed 'C. B. Coleman', 'C. B. Coleman or Mrs. C. B. Coleman' and others 'C. B. Coleman and Mrs. C. B. Coleman.' This variation was attributed by officers of the bank to the fact that during the war some of their regular employees were inducted into the armed service and they were forced to employ incompetent and inexperienced persons.

The evidence tended further to show that most, if not all of the deposits were made by Dr. Coleman.

The President of plaintiff bank testified that the entry of the top of the ledger sheet should have been originally made from the deposit ticket. He remembered a conversation with deceased to the effect that because Beatrice Coleman had a personal account in her name, as 'Beatrice McDaniel Coleman' that on the account with her husband, they should use the designation Mrs. C. B. or Mrs. Charles B. Coleman to avoid confusion in the accounts. The account had been carried as a 'joint' account for about fifteen years. Beatrice M. Coleman was placed upon the witness stand but the court refused to permit her to testify because of the provision of Sec. 1887, R.S.Mo.1939, R.S.1949, Sec. 491.010, (the dead man statute.)

It is well settled that there can be an estate by the entirety in a bank account. Ambruster v. Ambruster, 326 Mo. 51, 31 S.W.2d 28, 77 A.L.R. 782; Cullum v. Rice, 236 Mo.App. 1113, 162 S.W.2d 342; Ryan v. Ford, 151 Mo.App. 689, 132 S.W. 610; Rezabek v. Rezabek, 196 Mo.App. 673, 192 S.W. 107.

And that is so whether the husband or the wife, or both, furnish the money that goes into the account. Murphy v. Wolfe, 329 Mo. 545 (en banc) 45 S.W.2d 1079; Sutorius v. Mayor, 350 Mo. 1235, 170 S.W.2d 387, 171 S.W.2d 69; Cisel v. Cisel, 352 Mo. 1097, 180 S.W.2d 748; Bender v. Bender, 281 Mo. 473, 220 S.W. 929; Kaufmann v. Kaufmann, 166 Pa.Super. 6, 70 A.2d 481.

The common law relative to estates by the entirety governs in Missouri. Schwind v. O'Halloran, 346 Mo. 486, 142 S.W.2d 55; Linders v. Linders, 356 Mo. 852, 204 S.W.2d 229; McElroy v. Lynch, Mo.Sup., 232 S.W.2d 507; Frost v. Frost, 200 Mo. 474, 98 S.W. 527, 118 Am.St.Rep. 689.

And the statute relative to joint deposits or other similar statutes does not affect common law estates by the entirety where property is in the name of a husband and his wife. The presumption is that it is an estate by the entirety. Cullum v. Rice, 236 Mo.App. 1113, 162 S.W.2d 342.

It makes no difference if they are not so designated, if in fact, they are husband and wife.

We think that under the decisions of this state, the evidence in this case was sufficient to show an estate by the entirety. Craig v. Bradley, 153 Mo.App. 586, 134 S.W. 1081; Murphy v. Wolfe, 329 Mo. 545, 45 S.W.2d 1079; Simon v. St. Louis Union Trust Co., 346 Mo. 146, 139 S.W.2d 1002; Baker v. Lamar, Mo.Sup., 140 S.W.2d 31; Hiatt v. Hiatt, Mo.Sup., 168 S.W.2d 1087; Davidson v. Eubanks, 354 Mo. 301, 189 S.W.2d 295, 161 A.L.R. 450; Black v. Black, 199 Ark. 609, 135 S.W.2d 837; Dickson v. Jonesboro Trust Co., 154 Ark. 155, 242 S.W. 57. Pattons Digest of Legal (Banking) Opinions, Vol. II (1942 Ed.) Page 1708, Sec. 14D:15.

The deceased had an account in his own name prior to the marriage. Immediately after his marriage it was changed to himself and his wife and he discussed with...