Millington v. Masters

96 S.W.3d 822, 2002 Mo. App. LEXIS 2425, 2002 WL 31807596
CourtMissouri Court of Appeals
DecidedDecember 16, 2002
Docket24478
StatusPublished
Cited by5 cases

This text of 96 S.W.3d 822 (Millington v. Masters) 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
Millington v. Masters, 96 S.W.3d 822, 2002 Mo. App. LEXIS 2425, 2002 WL 31807596 (Mo. Ct. App. 2002).

Opinions

NANCY STEFFEN RAHMEYER, Chief Judge.

In 1984, Ruth R. Millington (“Respondent”) lived across the street from a vacant lot, which was directly behind a house owned by Bess Masters. Respondent was interested in purchasing the lot and submitted a letter on January 13, 1984 to Dr. Edwin Masters (“Appellant”)1, the son of Bess Masters, for the purchase of all or part of the vacant lot. The letter stated:

I found a map showing the block in which your mother’s home is located. I have typed in names of other owners in this block and I think it is fairly accurate.
I have colored the area I would like to purchase and believe $10,000 would be a fair price for the total colored area, which is about 1-2/3 acres. However, if you wanted to retain more area with the house, then I would like to purchase the area colored green, which goes to the east line of Doug Roe’s lot. This is about 1-1/8 acre and I feel like a fair price would be about $8500. I have put an X where I think the tree is located that you mentioned.
[825]*825I am, also, enclosing an extra copy of the map for you to keep. After you make a decision on this offer, please let me know. I will then be glad to put the offer in a formal letter that can be taken to the Judge. If this offer is not agreeable with you, I will be glad to discuss it with you further.
I hope that your mother is better.
Sincerely,
Ruth Millington

Attached to the letter was a map showing the block in which Bess Masters’ house was located. At the time of the letter, Appellant and his sister, Charlotte Newton, were serving as co-guardians of the Estate of Bess Masters, who was ill. In a letter dated January 17, 1984, Appellant informed Respondent: “I have reviewed your offers and believe the $8,500 for the l/é-acres is acceptable. I have forwarded this to Judge Mueller. When I hear from her, I will notify you.”2

A petition was filed in the Probate Division of the Circuit Court of Cape Girar-deau County, Missouri for an order to sell the 1⅜ acre lot (“back lot”), which was granted and entered by Judge Mueller on March 23, 1984. A report of sale of back lot to Respondent for $8,500 was filed and an Order of Court Confirming Report of Sale of Real Estate at Private Sale and Ordering Execution of Deed to Purchase was entered April 10,1984.

From March 1984 to May 1984, Appellant, Respondent, and the attorney for the Estate of Bess Masters, A1 Spradling (“Spradling”), communicated via letters regarding the status of the sale. Appellant sent Respondent a letter dated April 2, 1984 in which he stated:

I apologize for the delay in the sale of the lots. To my knowledge all of the paperwork has been completed and it has been approved by Judge Mueller. I have signed the directive, the deed, and the authorization. It would be helpful for both of us if you would contact Mr. A1 Spradling, III of Cape Girardeau and see if anything else needs to be done. I know you would like to go ahead and complete this transaction. I, too, would like to complete this as soon as possible as Mother’s guardianship account needs some money.

Appellant listed Spradling’s phone number in a postscript.

Appellant sent Respondent another letter, which was dated April 23, 1984. In this letter, Appellant informed Respondent:

I found the abstract to the lots across from your house. That was a small miracle as most of Dad’s papers went to Lome. I had sent the abstract to Mr. Spradling’s office but I am going to instruct them to mail it to you. I will keep a copy as I see no reason to keep the original. The only significant change in the abstract would have been the divorce proceedings of my parents and those would have been made by Mr. Elvis Mooney. As you know, the property has been in Mom and Dad’s possession for over 35 years. I am not anxious to spend more of Mother’s money on attorneys fees. After you get the copy of the abstract, look it over and if it is not satisfactory then let me know. This transfer to you will be the only transaction since this abstract was made. There are no doubts whatsoever in my mind about the legitimacy of the title.
If you have any questions, please let me know.

Spradling also sent a letter to Respondent dated April 23, 1984 in which he stated:

[826]*826We have the abstract finally. I have not brought it up to date, and if you would like it brought up to date, send it on to Bloomfield and ask the abstract company to do that and send the Estate the bill. I might note that the abstract will not contain the Petition to Sell Real Estate, the Order to Sell Real Estate, the Report of Sale, and the Order Confirming Report of Sale, since all of those items are filed in the Circuit Court of Cape Girardeau County. I will state for the record, however, that we have obtained all of these, the Order of Court Confirming the Sale was signed on April 10, 1984, and consequently, we are in a position to deliver to you the Deed. If you need anything else or you want the abstract brought farther than what it is, go ahead and have it done and have the bill sent to the Estate for that information.

In a letter dated May 4, 1984, Appellant informed Respondent:

Mother’s guardianship has some bills that are needing to be paid. I hope that we can complete the land transaction as soon as possible. Enclosed is the Deed of Guardian which is ready to be recorded. I think you already have the abstract and I am confident that there are no problems with the title. Please make the check for $8500 to Bess Masters Estate and send it to me here in Sike-ston. Thanks for your cooperation in this matter and I apologize for the delays.

Attached to the letter was a Deed of Real Estate by Guardian of the Estate Under Private Sale Ordered by Court.3

In May, Respondent retained attorney Elvis Mooney (“Mooney”) to examine the title to back lot. Mooney discovered that Bess Masters had a life estate in the property while Appellant and Charlotte Newton had a vested remainder. In Mooney’s title opinion, he referenced the guardianship deed.

A letter dated June 7, 1984 from Spra-dling to Mooney discussed problems with the deed:

I am afraid we have a problem in the transferring of this property. I do not know exactly the procedure and I don’t know exactly all of the ramifications but as you are probably aware, Dr. Ed Masters is in bankruptcy. None of us realized that he owned, along with Charlotte, this property and Bess had a life estate. We all were under the assumption Bess owned the property outright. Now that we now know otherwise, the problem is more complicated. I am going to ask Ed to apply to the Bankruptcy Court for release of this property and that all of the money that would go to Charlotte and/or Ed for the sale be turned over to his mother’s estate for payment of bills as that is the intention. Ed’s bankruptcy is in a contested state at this point as to certain dischargeable debts and I am not sure whether or not the Bankruptcy Court would allow such a filing and grant an order at this time. However, I am going to ask Ed to proceed in that direction through his bankruptcy attorney.
I talked to Mrs.

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Millington v. Masters
96 S.W.3d 822 (Missouri Court of Appeals, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
96 S.W.3d 822, 2002 Mo. App. LEXIS 2425, 2002 WL 31807596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/millington-v-masters-moctapp-2002.