Strode v. Beall

• Decision Date: 15 March 1904
• Citation: 79 S.W. 1019,105 Mo. App. 495
• Court: Missouri Court of Appeals
• Parties: STRODE, Public Adm'r, v. BEALL.<SMALL><SUP>*</SUP></SMALL>

79 S.W. 1019

105 Mo. App. 495

STRODE, Public Adm'r, v. BEALL.^*

St. Louis Court of Appeals. Missouri.

March 15, 1904.

WILLS—ADVANCEMENTS — ADMISSIONS OF TESTATOR—EVIDENCE.

1. Where a parent takes a note, payable to himself, from a child, his declarations either at the time or subsequently are admissible to show that the note was taken as a mere receipt for an advancement.

2. A parent held a note of his son-in-law, which the former had taken up before maturity; and on the parent's death there was found among his papers a memorandum as to advances which he had made to his children, in which it was stated that the note should be charged to the maker's wife, and his will provided that no charge for advancements was made unless a memorandum to such effect should be found. Held, that the note was a receipt for an advancement.

Appeal from St. Louis Circuit Court; Jesse A. McDonald, Judge.

Action by Garrard Strode, as public administrator, in charge of the estate of John T. Harris, against John M. Beall. From a judgment in favor of defendant, plaintiff appeals. Affirmed.

A. E. Kammerer, for appellant. R. P. & C. B. Williams, for respondent.

BLAND, P. J.

John T. Harris died testate at Harrisonburg, Va., October 15, 1899. Among his effects were found the following promissory notes:

"$130.00. Philadelphia, Pa., March 7, 1899. Four months after date I promise to pay to the order of John T. Harris one hundred and thirty 00/100 Dollars, at First National Bank of Harrisonburg, Va., without defalcation for value received. Jno. M. Beall. No. ____. Due ____."

"$330.00. Philadelphia, Pa., Jan. 7, 1899. Four months after date I promise to pay to the order of John T. Harris, Three hundred and thirty 00/100 Dollars at the First Nat'l Bank of Harrisonburg, Va., without defalcation for value received. Jno. M. Beall, 828 Chestnut Street, Phil. No. ____. Due ____."

The maker of the notes is the husband of Jennie O. Harris, a daughter of John T. Harris, and resides in the city of St. Louis, Mo. The plaintiff, public administrator of the city of St. Louis, having in charge such of the estate of John T. Harris as was found in said city, brought suit against defendant on the above promissory notes before a justice of the peace, from whose judgment the cause was appealed to the circuit court of the city of St. Louis, where, on a trial de novo, the issues were submitted to the court without the intervention of a jury. On the trial, plaintiff offered in evidence the notes. The defendant offered in evidence the last will of John T. Harris, which had been duly probated in the county court of Rockingham county, Va., November 21, 1899, and also the following memoranda, admitted to have been written by John T. Harris in a memorandum book kept by him:

                                  "March 22, 1899
                

"I think it proper that I make the following statement:

"I have struggled to aid my children as their necessities occurred and as my ability enabled me to do.

"In their education as it was all directed by me, I take no account as to which spent the most money. I was satisfied none of them was extravagant and I often regretted my circumstances did not enable me to give them more spending money.

"I hold no charge against any one on account of the cost of his or her education. I doubtless spent more on some than on others, but I do not know that I did, and if I did, it was my will and for the best and no one has any right to complain.

"Since their majority I have been governed by the same principles. As to my daughters I have made them presents as I thought their wants most demanded and this without any charge against them. John Beall has been differently situated in this. He has lived in large cities where his expenses were heavy. I have aided him from time to time by indorsing notes in Bank and advancing money. I have taken up two notes, one of $130, the other of $330 from the First National Bank of Harrisonburg. I am surety in two bonds or notes to John T. Harris, Jr., for Beall, one for $1,200 and one for $600. If I or my estate should have to pay these two notes, or any part thereof, I direct the principal shall be charged to Jennie O., as well as the principal of the two notes I have paid of $130 and $330, but not the interest. This money went to aid her and her family, and it is but just she should be charged with it. I regret it, but I think but just to the others, that I feel it my duty to charge her even with the principal.

"As to Graham I lent him some money, but he paid it back. I may have advanced him some small sums soon after he went to Chicago, which I did not expect him to return and I do not expect it now, if there were such.

"As to T., there have been many transactions between us, generally I was borrowing money from him to meet emergencies, which were pretty soon returned. I have not advanced him any money or lent him any, nor has he used any of my funds for his benefit and to-day there is not a cent between us.

"As to the other children there are no charges against them as they have received nothing worth naming.

"If my boys should be able, I hope—if it ever becomes necessary—they will not let their sisters want for anything.

                                          "John T. Harris
                    "March 22d, 1899."
                                          "April 12th, 1899
                

"Upon mature thought I have determined not to charge Jennie O., with any more than the principal of the twelve hundred dollar bond which she signed with John Beall to John T. Harris, Jr., and which I also signed. Her case has been different in this from the others. She has been sick most of the time and she would not see at the time of distribution why she was charged with sums of which perhaps she knew nothing. She will have but little at best, and the sums with which I do not charge her would be but little when divided among the rest, but would be...