Estate of Huskey v. Monroe

674 S.W.2d 205, 1984 Mo. App. LEXIS 3922
CourtMissouri Court of Appeals
DecidedJune 14, 1984
Docket13124, 13172 and 13178
StatusPublished
Cited by29 cases

This text of 674 S.W.2d 205 (Estate of Huskey v. Monroe) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Huskey v. Monroe, 674 S.W.2d 205, 1984 Mo. App. LEXIS 3922 (Mo. Ct. App. 1984).

Opinion

HOGAN, Judge.

This is a proceeding to discover assets brought under the provisions of § 478.340, RSMo 1978, 1 by the administrator and collateral kindred of Emma Edith Huskey, who died intestate in Phelps County on December 12,1981, at age 66. Primarily at issue was the interest vel non of defendants Bonnie 0. Monroe and Robert G. Hus-key in four “money market” certificates in the total amount of $52,000 and two passbook savings accounts in the total amount of $14,852.83. Various collateral issues were tried and resolved but upon the main issue, the trial court found for the plaintiffs and against the defendants. In this court, the principal issue tendered is whether title to the certificates vested in defendants Monroe and Huskey upon the intestate’s death as proceeds of a joint deposit within the meaning of § 362.470.

The slender record tells us very little about Mrs. Huskey or her husband. We are able to glean from the record and the documents filed here that the intestate was married to George S. Huskey in 1936; that George S. Huskey died September 25,1981, and that they lived on a 25-aere tract of land near Newburg. Defendant Robert Huskey is George Huskey’s son; he was reared by his father and stepmother, the decedent. Defendant Monroe is Mrs. Hus-key’s niece.

We take the appeals as submitted and consider those matters which counsel consider to be important. So taken and considered, the record shows that the first certificate with which we are concerned was issued by the Citizens Bank on September 8, 1981, in the amount of $18,000. The certificate is made payable to “George or Edith or Robert G. Huskey.” The second certificate was issued by the .same bank on September 14, 1981, in the amount of $10,000. This certificate was made payable to “George S. or Emma E. or Robert G. Huskey.”

The third and fourth certificates were issued by the same bank. Both were dated August 6, 1981. Both were issued in the amount of $12,000; both were made payable to “George S. or Emma E. Huskey or Bonnie 0. Monroe.” It stands conceded that either the intestate or George S. Hus-key, or both, furnished all the money with which all four certificates were purchased; the intestate affixed her signature to indicate receipt of the instruments, and George S. Huskey was alive at the time the certificates were purchased. All four certificates were placed in a safety deposit box at the Citizens Bank.

*208 Shortly after Mrs. Huskey’s death, defendant Robert Huskey removed the certificates from the deposit box. He obtained cash in the amount of $28,000. He delivered the other two certificates to defendant Monroe, who realized the proceeds of the certificates delivered to her in the amount of $24,000.

One of the two savings accounts in controversy was held by the Citizens Bank. There was $8,542.60 in this account. Defendant Monroe withdrew the proceeds of this account, which we shall discuss further. The other savings account was held by the Centerre Bank of Rolla; there was a balance of $6,310.23 in this account when Mrs. Huskey died. The Centerre account was in the form contemplated by § 362.470 and the trial court found the proceeds of this account were not assets of the estate. The trial court was correct and we need not consider the Centerre savings account further.

The trial court made findings of fact and conclusions of law, amended those findings within 30 days and concluded: 1) that the decedent was the owner of all four of the certificates issued by the Citizens Bank; 2) that the intestate was the owner of the passbook savings account held by the Citizens Bank; 3) that the Citizens Bank had unlawfully paid the funds represented by the four certificates to Huskey and Monroe; and 4) that the Bank of Newburg had wrongfully paid the savings account held in the names of the intestate, her husband and defendant Monroe to defendant Monroe.

The court therefore ordered: 1) that the estate have and recover the sum of $30,-742.93 from defendant Robert Huskey, such sum representing the principal and accrued interest realized from surrender of the certificates and Huskey’s withholding of those proceeds from the estate; and 2) that the estate have and recover the sum of $37,766.94 from defendant Bonnie O. Monroe, that sum being the amount realized by her as proceeds of two certificates issued by the Citizens Bank and the savings account held by that bank. The court also entered judgment against the Citizens Bank for the entire amount it had paid to defendants Huskey and Monroe plus accrued interest, the amount of that judgment to be reduced pro tanto by the amount recovered from defendants Monroe and Huskey. By conditional assignment, cash tender and supersedeas bond, the alternative judgments rendered have been stayed pending the decision of this court.

The Citizens Bank of Newburg's appeal has been styled Appeal No. 13178. The bank appealed promptly, but thereafter filed no brief. Its appeal was dismissed but was later reinstated. After reinstatement the bank asked to “adopt the briefs” of the other two appellants and this court allowed it to do so. Nevertheless, we find on full examination of the record that no alleged error in finding against the defendant Citizens Bank of Newburg has been briefed or presented and accordingly, the appeal of the defendant bank must be considered as having been abandoned. See: White v. Robertson-Drago Funeral Home, Inc., 552 S.W.2d 47, 49[2] (Mo.App.1977); Charles Palermo Co., Inc. v. Wyant, 530 S.W.2d 15, 17[1] (Mo.App.1975).

Defendants Huskey and Monroe appealed separately; the appeals were consolidated for purposes of argument, but those assignments of error which are dupli-cative will be considered together. We bear in mind two basic principles which govern the scope of our review. In this bench-tried case, we review under the provisions of Rule 73.01(c), as construed in Murphy v. Carron, 536 S.W.2d 30, 32[1—3] (Mo. banc 1976), and the appellants have the burden to demonstrate the judgments are erroneous. Estate of Linck, 645 S.W.2d 70, 74[1, 2] (Mo.App.1982). Further and fundamental is the rule that contentions not put before the trial court will not be considered here; an appellate court will not convict a trial court of error on an issue which was not put before it to decide. Lincoln Credit Co. v. Peach, 636 S.W.2d 31, 36 (Mo. banc 1982); School District of Kansas City v. Smith, 342 Mo. 21, 25, 111 S.W.2d 167, 168 (1937).

*209 The principal point before the court is whether the proceeds of the certificates became the property of the defendants by operation of law upon the intestate’s death. This contention is tendered by defendant Huskey’s third and defendant Monroe’s first assignment of error. Essentially, the defendants argue that the certificates comply with the requirements of § 362.470. Resolution of this question requires a partial construction of § 362.470.1.

I

(a)

(Provisions of the certificates)

To put this contention in perspective, we must first consider the provisions of the four certificates.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Connor v. Bruce
983 S.W.2d 625 (Missouri Court of Appeals, 1999)
Willhite v. Masters
965 S.W.2d 406 (Missouri Court of Appeals, 1998)
Maudlin v. Lang
867 S.W.2d 514 (Supreme Court of Missouri, 1993)
Washington County Mercantile Bank v. Kennedy
855 S.W.2d 520 (Missouri Court of Appeals, 1993)
Schulze Ex Rel. Schulze v. Haile
840 S.W.2d 263 (Missouri Court of Appeals, 1992)
Mobley v. Copeland
828 S.W.2d 717 (Missouri Court of Appeals, 1992)
Brown v. Mercantile Bank of Poplar Bluff
820 S.W.2d 327 (Missouri Court of Appeals, 1991)
Lucas v. Enkvetchakul
812 S.W.2d 256 (Missouri Court of Appeals, 1991)
Stevens v. Kliethermes
811 S.W.2d 447 (Missouri Court of Appeals, 1991)
Gaines v. Vallance
811 S.W.2d 472 (Missouri Court of Appeals, 1991)
White v. American Republic Insurance Co.
799 S.W.2d 183 (Missouri Court of Appeals, 1990)
Steen v. Colombo
799 S.W.2d 169 (Missouri Court of Appeals, 1990)
Cherry Manor, Inc. v. American Health Care, Inc.
797 S.W.2d 817 (Missouri Court of Appeals, 1990)
Strunk v. Hahn
797 S.W.2d 536 (Missouri Court of Appeals, 1990)
Hysinger v. Heeney
785 S.W.2d 619 (Missouri Court of Appeals, 1990)
Matter of Estate of Hysinger
785 S.W.2d 619 (Missouri Court of Appeals, 1990)
Automobile Club Inter-Insurance Exchange v. Farmers Insurance Co.
778 S.W.2d 772 (Missouri Court of Appeals, 1989)
AUTO. CLUB INTER-INS. EXCHANGE v. Farmers Ins. Co., Inc.
778 S.W.2d 772 (Missouri Court of Appeals, 1989)
Jackson County v. N.V.
775 S.W.2d 262 (Missouri Court of Appeals, 1989)
Matter of Conserv. Estate of Moehlenpah
763 S.W.2d 249 (Missouri Court of Appeals, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
674 S.W.2d 205, 1984 Mo. App. LEXIS 3922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-huskey-v-monroe-moctapp-1984.