Clark v. Swope

357 N.W.2d 34, 1984 Iowa App. LEXIS 1688
CourtSupreme Court of Iowa
DecidedSeptember 6, 1984
DocketNo. 84-07
StatusPublished
Cited by1 cases

This text of 357 N.W.2d 34 (Clark v. Swope) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. Swope, 357 N.W.2d 34, 1984 Iowa App. LEXIS 1688 (iowa 1984).

Opinion

SACKETT, Judge.

This appeal involves the question of whether three bank accounts held by decedent and Ralph E. Clark should be included in decedent’s estate.

The trial judge held that all three accounts were assets of decedent’s estate.

We need to first determine the form of ownership of each account. The first account is a savings account, and it will be designated account “A.” The second account will be designated account “B.”

On February 23, 1979, decedent went alone to the bank to change ownership of

[36]*36accounts A and B. Decedent’s wife had died on February 9, 1979, and her name had been on the accounts along with the decedent’s. Decedent signed an authorization for both accounts adding the name of Ralph Clark, his son. The authorizations were substantially in the following form:

Date .¾-¾3-79. I hereby authorize the South Ottumwa Savings Bank to add the name of .RARRB. .CIARE, as (a) .X. Joint Tenant with Rights of Survivorship. (b) .Joint Tenant without Rights of Survivorship.1 to my .Checking, account(s) No. . AQ4Q2Q.. and direct said bank to honor all checks, deposits, and/or withdrawals signed by him/her. Signed . /s/. Waite .<⅞⅛ . Designee Joint Tenant . ./§/ .Ralph. Clark. .2

The authorization clearly spells out that decedent wanted Ralph to be added to the account as a joint tenant with rights of survivorship. The checked designation clearly stated this wish. “Any language which clearly shows an intent to make the grantees in a written instrument of conveyance or ownership joint tenants is sufficient.” In Re Estate of Miller, 248 Iowa 19, 21, 79 N.W.2d 315, 317 (1956).

Since the right of joint tenancy in personal property as well as in real estate is recognized in Iowa, “it follows that language which is sufficient to effectuate a joint tenancy in a deed will be equally so in personalty such as ... bank accounts_” In Re Estate of Stamets, 260 Iowa 93, 100, 148 N.W.2d 468, 472 (1967).

“[LJanguage creating a joint tenancy in a written instrument gives the grantees, or payees, the rights of joint tenants. The most important and well established of these is the right of the survivor to take the whole property, since the right of joint tenancy in personal property as well as real estate is recognized in Iowa.” Miller, 248 Iowa at 22, 79 N.W.2d at 318. The joint tenancy and survivorship language on accounts A and B is very clear.

The third account designated account “C” was a time certificate of deposit. It shows the depositors to be Walter Clark or Ralph Clark. On the certificate there appears the following language: “Payable to the Registered Holder, or, if Joint Tenant WROS, to either or any such holders, or the survivor or survivors_” The certificate shows an issue date of June 3, 1981. There is no other evidence as to how or with whose money the account was established. There are no words of joint tenancy or survivorship in the designation of depositors.

The common-law presumption favoring joint tenancies have been reversed by statute in many jurisdictions, including Iowa. Hyland v. Standiford, 253 Iowa 294, 300, 111 N.W.2d 260, 264 (1961). In Iowa, even where ownership is shared there is a presumption against joint tenancy. Matter of Estate of Allen, 239 N.W.2d 163, 168 (Iowa 1976). “... '[Tjhere is no presumption conveyances of real estate or transfers of personalty to two or more persons create a joint tenancy with rights of survivorship. Rather the presumption is they create a tenancy in common unless a contrary intent is expressed.” In Re Estate of Stamets, 260 Iowa 93, 98, 148 N.W.2d 468, 471 (1967) (citations omitted).

We agree with the trial court that the language does not create a joint tenancy with rights of survivorship. Decedent and Ralph held account C as tenants in common.

The survivorship language on accounts A and B is clear. “[I]f the survivorship language is clear and unequivocal the signature card is conclusive as to the parties’ intent to establish a joint account, and cannot be changed by parol evidence except in a situation involving fraud, duress or mistake. But if the survivor is in a confidential relationship with decedent the burden of proving that the account arrangement was voluntarily established shifts to the [37]*37survivor.” In Re Estate of Samek, 213 N.W.2d 690, 692 (Iowa 1973).

I. Confidential Relationship

The trial court determined that there was substantial evidence of a confidential relationship between the decedent and Ralph and that the burden was therefore upon Ralph to show that when the joint tenancy arrangements were established that the decedent intended to make Ralph the surviving joint tenant on the accounts. We need first determine if a confidential relationship existed between the decedent and Ralph.

Although our review is de novo we give weight to the trial court’s findings. Swope has the burden to show by clear proof the existence of the confidential relation claimed by him, in which Ralph was the dominate person and decedent the subservient one. See Luse v. Grenko, 251 Iowa 211, 214, 100 N.W.2d 170, 172 (1959). A confidential relationship does not arise solely from blood relationship such as between parent and child. The gist of the doctrine of confidential relationship is the "presence of a dominant influence under which the act is presumed to have been done. The purpose of the doctrine is to defeat and correct betrayals of trust and abuses of confidence. Luse at 215, 100 N.W.2d 170, 173 (emphasis added).

The facts presented show decedent went alone to the bank on February 23, 1979, shortly after his wife’s death on February 9, 1979, and had Ralph’s name put on the accounts A and B. Decedent then went to Ralph’s home and had Ralph sign the account cards. There is no evidence that at that time or even at a later date that decedent was incapable of managing his affairs. Decedent and his wife had managed their affairs prior to her death. There is no evidence that at any time prior to the accounts being established in Ralph’s name that Ralph had transacted any business for decedent or served in any type of advisory position to his father. Decedent had heart surgery in March of 1979 and was hospitalized. His physical health was frail but there is no evidence of any mental incapacity. The evidence presented by Swope is comprised of after-the-fact statements made by decedent to Swope and his family that he had things set up so Ralph could pay his bills. Ralph objected to the evidence as parol evidence introduced to change a written document.

Cases seeking to establish confidential relationships have frequently been before the Iowa courts, and confidential relationships have been established in the following cases:

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Related

Matter of Estate of Clark
357 N.W.2d 34 (Court of Appeals of Iowa, 1984)

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357 N.W.2d 34, 1984 Iowa App. LEXIS 1688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-swope-iowa-1984.