Smith v. Dubuque Bank & Trust Co.

566 N.W.2d 863, 1997 Iowa Sup. LEXIS 216
CourtSupreme Court of Iowa
DecidedJuly 23, 1997
Docket96-1548
StatusPublished

This text of 566 N.W.2d 863 (Smith v. Dubuque Bank & Trust Co.) 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
Smith v. Dubuque Bank & Trust Co., 566 N.W.2d 863, 1997 Iowa Sup. LEXIS 216 (iowa 1997).

Opinion

McGIVERIN, Chief Justice.

The issue in this appeal is whether the district court erred in determining that Iowa Code section 633.276 (1995) precludes the bequest of a bank savings account by means of incorporating extrinsic documents into a will. Finding no error, we affirm.

I. Background facts and proceedings. This ease involves the purported bequest, in a document extrinsic to a will, of the testatrix’s bank savings account to her niece. On April 24, 1978, Kathryn Mettel executed a will. On September 5, 1989, she executed a codicil which added the following article to her will:

It may be my will and desire to leave certain items of personal property to persons in kind. These specified items shall not be sold or otherwise disposed of by my Executor. These items will be specified in a written document which I will deliver to my Executor during my lifetime, deposit with my attorney or place with the original of my Will. Such writing shall be invalid unless it is dated and signed by me. My Executor shall distribute the items of property to the distributees entitled to them, whether outright or in trust, pursuant to the written instructions in that written document.

No party challenges the validity of the will or the codicil. On November 19 and 20, 1995, Mettel dated and signed several documents, each of which was entitled “Instructions for Distribution of Specified Personal Property Authorized in my Last Will and Testament.” The documents listed items of personal property, including furniture, kitchen appliances, dishes, jewelry, a car, and clothing, and named the persons to whom the items were to be distributed. These extrinsic documents were not witnessed as is required for a will. *864 See Iowa Code § 633.279(1). One of the documents listed, among other items, “what’s left of my [savings]” and identified one of Mettel’s nieces, claimant Nancy Smith, as the distributee. Mettel died on November 29, 1995, at the age of ninety-two.

Mettel’s will and the codicil were admitted to probate in district court. Dubuque Bank & Trust Company was appointed executor of her estate.

Smith filed a claim against Mettel’s estate in district court seeking $62,939.43, the amount remaining in Mettel’s savings account in a bank at the time of Mettel’s death. The claim was based both on the purported bequest by Mettel to Smith in the November 1995 separate “Instructions” document and on Smith’s alleged caretaking services to Mettel for several years prior to Mettel’s death. The executor of Mettel’s estate, Du-buque Bank & Trust Company, disallowed the claim and filed a motion for partial summary judgment, arguing that a bank savings account is not tangible personal property and thus cannot be transferred by means of a writing separate from the will. See id. § 633.276. The executor asked that the portion of Smith’s claim based on the purported gift or bequest be dismissed.

The district court granted the executor’s motion for partial summary judgment. The court reasoned that the documents signed by Mettel on November 19 and 20, 1995, were valid only to the extent they complied with Iowa Code section 633.276 and concluded that the savings account did not constitute tangible personal property so as to be capable of disposition by a writing separate from Mettel’s will. The district court’s ruling did not affect Smith’s claim for earetaking services rendered to Mettel.

Claimant Smith appealed.

II. Standard of review. We review the district court’s grant of summary judgment on error. Iowa R.App. P. 4; Sautter v. Interstate Power Co., 563 N.W.2d 609, 611 (Iowa 1997). We uphold such judgment when the pleadings, depositions, answers to interrogatories, admissions on file, and any affidavits show there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. Iowa R. Civ. P. 237(c); C-Thru, Container Corp. v. Midland Mfg. Co., 533 N.W.2d 542, 544 (Iowa 1995).

III. Attempted bequest of bank account by means of incorporating extrinsic documents into will. On appeal, claimant Nancy Smith contends Iowa Code section 633.276 should be interpreted as codifying alleged common-law rights to bequeath any kind of personal property by incorporation of extrinsic documents into a valid will. Alternatively, she argues that the term “tangible personal property” in section 633.276 should be interpreted as encompassing a bank account.

A. Derivation of right to bequeath property. Claimant Smith contends that individuals have a common-law right to make testamentary dispositions of their personal property. Although she concedes that Iowa has long viewed the right to take property by devise or descent as a statutory privilege, Smith urges us to recognize a “natural” or “constitutional” right to make a will based on an individual’s right to private property. See Shriners Hosps. v. Zrillic, 563 So.2d 64, 67 (Fla.1990). Such an approach would limit the application of statutory will requirements and, Smith argues, allow Mettel’s purported bequest of her savings to Smith in the present case.

However, we have emphasized that the right to dispose of property by will is statutory:

The right to take property by devise or descent is a statutory privilege, and not a natural right. Such matters are strictly within legislative control. Our state Constitution, in its Bill of Rights, insures and secures the acquiring, possessing, and protecting [of] property as an inalienable right. This guaranty, however, ceases to operate at the death of the possessor. Neither our state nor our Federal Constitution secures the right to anyone to control or dispose of his property after his *865 death, nor the right to anyone, whether of kin or not, to take it by inheritance.

In re Estate of Emerson, 191 Iowa 900, 905, 183 N.W. 327, 329 (1921) (citations omitted); accord In re Estate of Davis, 253 Iowa 973, 975, 114 N.W.2d 314, 315 (1962). We reject Smith’s suggestion that we should regard that right as a “natural” or “constitutional” one.

B. “Tangible 'personal property” under Iowa Code section 633.276. Having reiterated that the right to dispose of property by will is statutory, we must next determine whether Mettel’s purported bequest of her bank savings account to claimant Smith satisfies Iowa’s statutory scheme. In order to be valid, a will executed in Iowa must:

be in writing, signed by the testator, or by some person in the testator’s presence and by the testator’s express direction writing the testator’s name thereto, and declared by the testator to be the testator’s will, and witnessed, at the testator’s request, by two competent persons who signed as witnesses in the presence of the testator and in the presence of each other....

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Related

Matter of Estate of Schmidt
638 P.2d 809 (Colorado Court of Appeals, 1981)
Estate of Oxley v. Oxley
262 N.W.2d 144 (Supreme Court of Iowa, 1978)
Shriners Hospitals for Crippled Children v. Zrillic
563 So. 2d 64 (Supreme Court of Florida, 1990)
C-Thru Container Corp. v. Midland Manufacturing Co.
533 N.W.2d 542 (Supreme Court of Iowa, 1995)
Sautter v. Interstate Power Co.
563 N.W.2d 609 (Supreme Court of Iowa, 1997)
Boyer v. Emerson
191 Iowa 900 (Supreme Court of Iowa, 1921)
Davis v. Davis
114 N.W.2d 314 (Supreme Court of Iowa, 1962)

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Bluebook (online)
566 N.W.2d 863, 1997 Iowa Sup. LEXIS 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-dubuque-bank-trust-co-iowa-1997.