Estate of Munier v. Jacquemin

899 S.W.2d 114, 1995 Mo. App. LEXIS 713, 1995 WL 170317
CourtSupreme Court of Missouri
DecidedApril 11, 1995
DocketNo. 66029
StatusPublished
Cited by5 cases

This text of 899 S.W.2d 114 (Estate of Munier v. Jacquemin) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Munier v. Jacquemin, 899 S.W.2d 114, 1995 Mo. App. LEXIS 713, 1995 WL 170317 (Mo. 1995).

Opinion

GRIMM, Chief Judge.

Plaintiff1 furnished the funds for several certificates of deposit. The certificates were titled in her name, along with that of defendants, her sister and her sister’s husband. Defendants kept the certificates in their safe deposit box. Plaintiff asked for their return. When they refused to return them, she filed this action.

Plaintiff died while the action was pending. Defendants claimed the certificates as surviving joint tenants. The trial court agreed. We disagree and enter judgment accordingly.

I. Background

The facts are basically not disputed. Plaintiff was bom in 1903. When she was 19 years old, she began working at Bussmann Manufacturing. She worked there as a file clerk until she retired at age 74. She never married and had no children.

During her years at Bussmann, she purchased Bussmann stock. When she retired in 1977, she sold her stock and purchased certificates of deposit. All the money used for purchasing the certificates was plaintiff’s.

The original certificates are not before us. However, plaintiff’s testimony reveals that they, as well as subsequent certificates, were titled in her name along with the names of defendants as joint tenants with right of survivorship and not as tenants in common.

Plaintiff put the other names on the certificates in “case anything happened to [her] they could have them.” She did not intend to make a gift of the certificates “until [she] died.” She “thought they were just mine. That [she] could get them [herself], you know.”

Defendants admit they never received any interest on the certificates, nor did they report any on their income tax returns. Rather, all interest was paid to plaintiff and she reported it on her income tax returns.

The certificates were never in plaintiff’s possession. They were always in defendants’ safe deposit box. Only defendants and two [116]*116of their children had access to the safe deposit box.

The testimony concerning why the certificates were placed in defendants’ safe deposit box is confusing. Plaintiff said she let sister’s husband keep them; “[h]e had a safety deposit box and I didn’t.” Sister testified they kept the certificates “in our safe deposit box because [plaintiff] asked me to put them in there.”

However, sister’s husband testified otherwise. When asked, “Whose idea was that to keep them [in the safe deposit box]?”, he replied: “Mine. I was in charge of them. I had to protect them.” He was then asked, “Protect them from whom?” He said “Anybody.”

The certificates were in the safe deposit box until defendants moved to St. Peters. This move apparently occurred in the summer of 1992. At that time, sister’s husband removed them from the safe deposit box and kept them at his home.

Although defendants had possession of the certificates, they had released one to plaintiff earlier. Around 1989 or 1990, she wanted to loan $10,000 to a friend. Plaintiff asked for a $10,000 certificate. Sister’s husband tried to talk her out of it. According to him,

She got mad. [She said] [i]f you don’t get it, I will go down to the bank myself and get it. I didn’t tell her, but I had the certificate. I knew she couldn’t do it, so my wife and I talked it over, and we decided it’s her money, what could we do. She is going to lose ten thousand, but that’s the ballgame. So I went down and got it out, drew it, gave her a check.

Plaintiff testified that she made the loan and it was repaid.

Sometime before April 2, 1992, plaintiff phoned sister’s husband and asked for the certificates. He testified that plaintiff said “I want you to turn over the certificates to me.” He replied, “I am not going to do it.”

On April 2, 1992, plaintiff went to United Postal Savings. At that time, she had six certificates there totaling $80,000. Plaintiff wanted to withdraw the funds, but an employee told her she could not without presenting the certificates. Plaintiff became upset “because she was afraid she was going to need the money to take care of herself.”

The employee suggested she sign a form that would prohibit anyone from cashing in the certificates without an agreement of all parties. Plaintiff signed such a form for each of the six certificates. According to employee, United Postal’s policy prevented plaintiff from doing anything else to obtain the funds or change the names on the certificates.

The next day, April 3, plaintiff went to Roosevelt Bank. At that time, she had three certificates there totaling $30,000. She attempted to cash the certificates and she had the same result. She signed similar forms which prohibited the cashing of the certificates without an agreement of all.

On April 24, plaintiff’s attorney wrote defendants asking for the certificates. Apparently when attorney did not receive a response, attorney phoned sister’s husband. Sister’s husband said: “I am not going to give [them] to her.” He told attorney that he thought plaintiff would give the certificates to a niece.

Sister acknowledged that plaintiff wanted the certificates. She testified:

Q There was no doubt in your mind that [plaintiff] wanted the certificates back?
A Oh, yes, I know.
Q You refused to give her—
A I didn’t refuse. He refused.
Q Why didn’t you go to the banks and give them to her?
A I have to go by what my husband says. Further, sister’s husband testified:
Q If [plaintiff] wanted to loan some money to [a friend] last year, would you return the certificates over to her?
A If she insisted on it, yes, they were hers.
Q If she wanted to pay some extraordinary medical bills during 1992, would you return the certificates over to her?
A Yes, that would be a need.
Q In fact, you had to decide what [plaintiff] would do with her money; is that right?
A That’s right.

[117]*117On June 24,1992, plaintiff filed suit against sister’s husband. Thereafter, an amended petition was filed adding sister as a defendant. As previously indicated, plaintiff died on February 6, 1993. Within a week of her death, defendants attempted to cash the certificates. Both institutions refused. Although the trial court awarded the certificates to defendants, the court ordered them not to transfer or dissipate the funds until all appeal rights were exhausted.

II. Application of § 369.174 and 362.4702

Plaintiff raises three points on appeal. One is dispositive. She alleges the trial court erred by misapplying §§ 369.174 and 362.470 to these certificates of deposit.

The certificates issued by United Postal Savings are governed by § 369.174. The pertinent part of that section states:

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Bluebook (online)
899 S.W.2d 114, 1995 Mo. App. LEXIS 713, 1995 WL 170317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-munier-v-jacquemin-mo-1995.