Tiemann v. Kampmeier

• Decision Date: 08 February 1961
• Docket Number: No. 50150,50150
• Citation: 107 N.W.2d 689,252 Iowa 587
• Parties: Annie TIEMANN, Daisy Wunnenberg, Arthur Wehage, Melvin Wehage, and Carl Wehage, Appellees, v. William C. KAMPMEIER and Mariann Kampmeier, Appellants.
• Court: Iowa Supreme Court

Page 689

107 N.W.2d 689

252 Iowa 587

Annie TIEMANN, Daisy Wunnenberg, Arthur Wehage, Melvin Wehage, and Carl Wehage, Appellees, v. William C. KAMPMEIER and Mariann Kampmeier, Appellants.

No. 50150.

Supreme Court of Iowa.

Feb. 8, 1961.

Louis J. Kehoe, Washington, for appellants.

Fred Cromwell, Burlington, for appellee.

HAYS, Justice.

William Kampmeier, defendant and Julia Buhrmester, now deceased, were married in 1912. In 1924, upon the death of her father, Julia inherited a 106 acre farm. In 1946, William and Julia conveyed the farm to themselves as joint tenants with the right of survivorships, and not as tenants in common. In 1948, William and Julia executed an instrument, the pertinent parts thereof being as follows:

'Joint Last Will and Testament of William C. Kampmeier and Julia Kampmeier.

'We, William C. Kampmeier and Julia Kampmeier, husband and wife, * * * desirous of making a common disposition of our property, whether the legal title thereto appear in our names jointly or in severalty only, hereby make * * * this to be our last will and testament * * *.

'Item I--(Provides for payment of debts).

'Item II--(Provides for grave markers).

'Item III--(All our remaining property, whether held jointly, severally, or as tenants in common, both real, personal and mixed, shall be held by the survivor of us with the right to the income, rents or profits of all of our said property for the life of said survivor and so much of the principal thereof as said survivor may desire from time to time for his or her care and support within his or her sound discretion and with the further right on the part of said survivor to sell and execute conveyance of, without the authority or approval of court, any or all of said property, to invest and reinvest the same, and to use the proceeds thereof as he or she may deem proper during said survivor's lifetime for his or her care and support without being required in any manner to account therefor.

'Item IV. On the death of the survivor of us, all the rest, * * *remaining in survivor's hands shall be then distributed in the following manner so that the specific bequests be paid but once from our property.' (Then followed bequests to certain organizations and individuals, among them being plaintiffs herein.) (Italics ours.)

The instrument was duly executed and no question is raised in that respect.

Julia Kampmeier died in 1952 without issue. The joint will was duly probated as her last will and testament and William Kampmeier qualified as executor thereof. The inventory, filed therein, lists the beneficiaries named in Item IV of the will; lists a one-half interest in household goods as exempt, value $500; other property not exempt--a joint interest in livestock, one-half interest worth $1,495.25; farm, full value $37,100 and U.S. Savings bonds with a total value of $3,024.50, decedent's interest being valued as $20,062.25. As executor and a life tenant, William asked that inheritance tax on the remainder interest be deferred until death of the life tenant which was granted by the State Tax Commission. The final report in the estate, listing William's interest therein as a life estate, was approved in May 1954.

In 1953 William purchased a house in Mediapolis, taking title in his name. In January 1954, William married Mariann Burkheimer, defendant. In February 1954 title to the Mediapolis property was conveyed to William and Mariann Kampmeier as joint tenants with right of survivorship. In 1954, William built a $23,000 home in Mediapolis and in September 1954, he deeded it to Mariann. Also in September 1954 he sold the 106 acre farm for $46,000 in cash and thereafter paid the deferred inheritance tax. It would appear from the record that most of the cash received from sale of the farm has been spent.

Plaintiffs, beneficiaries named in Item IV of the will, allege upon Julia's death the jointly held property became subject to a trust under the will, subject to William's life tenancy. That he has fraudulently transferred said property to his wife to deprive the plaintiffs of their right thereto; also, that Mariann wrongfully exerted undue influence over him to obtain the property. They ask that defendants convey the properties to William for trust purposes and that he be enjoined from further disposal of property. Defendants by answer assert William became sole owner of the farm by virtue of the 1946 deed; that the distributable assets of Julia's estate amounted to $6,015 which, by the terms of the will, he was free to do with as he desired. The trial court granted the relief prayed and defendants appeal.

Two propositions are urged as grounds for a reversal. (1) Court erred in holding the joint tenancy with right of survivorship was revoked by the subsequent joint will, with the terms of the will superseding the rights under the deed. (2) Error in requiring an accounting of benefits received under the joint will, contrary to clear provisions thereof.

I. Appellant's first contention is directed to the farm. Their theory is that a will speaks only from the time of the death of testator and that since William took title to the farm by virtue of the 1946 deed upon Julia's death, there is nothing, relative the farm, to which the will can be applied, citing Conlee v. Conlee, 222 Iowa 561, 269 N.W. 259. See, also, Wood v. Loque, 167 Iowa 436, 149 N.W. 613. As an abstract legal statement we have no dispute with this proposition. However, we do not see where it is applicable here.

The trial court found that the 'Joint Will' was not only joint and reciprocal but also mutual. A mutual will is one that is executed pursuant to an agreement. 97 C.J.S. Wills § 1364 states 'Mutual wills are * * * wills which are...