Turner v. Pence

514 S.W.3d 98, 2017 WL 1149149, 2017 Mo. App. LEXIS 231
CourtMissouri Court of Appeals
DecidedMarch 28, 2017
DocketWD 79661
StatusPublished
Cited by6 cases

This text of 514 S.W.3d 98 (Turner v. Pence) 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
Turner v. Pence, 514 S.W.3d 98, 2017 WL 1149149, 2017 Mo. App. LEXIS 231 (Mo. Ct. App. 2017).

Opinion

Gary D. Witt, Judge

Larry Pence (“Larry”) and Roland Pence (“Roland”) (collectively, the “Appellants”) appeal from the Amended Findings of Fact, Conclusions of Law and Interlocutory Judgment in Partition of the Circuit Court of DeKalb County (“the Judgment”). The trial court ordered that certain real estate and personal property be sold at a partition sale and, after payment of expenses, that the proceeds be divided among the parties. Appellants’ claim that they were entitled to a substantially greater share of the proceeds based upon their contribution to the property based on years of work on the property. The trial court denied most of this claim. The Appellants raise five points on appeal, challenging the trial court’s Judgment with respect to the denial of their claims for equitable liens against the property. We affirm.

Factual Background

The underlying partition action in this case was filed by Respondent Trudy Turner (“Turner”) in order to determine her interests in the real and personal property inherited by her and her siblings after the death of their mother Gertrude Pence (“Gertrude”).1 Turner, Larry, Roland, and Joan Tyrell (“Tyrell”) are siblings and the children of Gertrude and Carl Pence (“Carl”). Carl predeceased Gertrude on March 3, 2006 without a will, and Gertrude inherited all his property. Gertrude died intestate on December 14, 2008, and Larry was appointed personal representative of her probate estate on May 19, 2009.

The real property consists of Tract I, encompassing 345 acres in DeKalb County, Missouri (the “Main Farm”).2 Tract II encompasses 160 acres in Worth County, Missouri (the “Denver Property”). Tract III encompasses 40 acres in DeKalb County, Missouri, of which Gertrude owned a one-half interest (“Grandma’s Forty”). The other one-half interest in Grandma’s Forty was held by the Pence siblings’ cousins Hollis Gay McCauley (“McCauley”) and Dee Anne Richardson (“Richardson”). Gertrude’s personal property consisted of farm equipment and other equipment purchased for the operation of the farm by Gertrude’s estate.

The Probate Court of DeKalb County approved the final settlement and distribution of Gertrude’s probate estate on September 11, 2012. The four children were determined to be the sole heirs of Gertrude’s real and personal property. They were declared equal owners of the Main Farm and the Denver Farm, and the remaining assets were ordered to be divided equally among the four children. No appeal was filed from the final judgment of the probate case. Grandma’s Forty was not adjudicated in the probate case, and the trial court found in the current action, with the agreement of the parties, that Gertrude’s one-half interest in the Grandma’s Forty property passed to the Pence children equally.

Turner filed her Petition for Partition on April 19, 2013, which was later amended (“Petition”). The case was tried to the court without a jury. For simplification and with no objection, Larry and Roland requested that their interests be considered by the court to be the same and that the evidence presented by one would apply to the other. A number of defendants failed to answer the Petition and were [102]*102deemed to be in default, including Tyrell, the Federal Deposit Insurance Corporation (“FDIC”), and McCauley and Richardson.3

Turner, Larry, Roland, and Tyrell grew up with their parents on the Main Farm. At that time, the farm was approximately 800 acres and had a 500 head cattle operation. In the mid-1980s, the daughters Ty-rell and Turner became estranged from the family. At that time, Gertrude began to have mental health problems that resulted in the estrangement of Tyrell and Turner’s relationship from their parents and brothers. From the mid-1980s to the time of trial, Tyrell and Turner never went back to the farm and were not involved in any way with the farming operation.

The family’s farming operation encountered financial difficulties in the mid-1980s resulting in a foreclosure that reduced the size of the farm acreage and drastically reduced the cattle operation. The farm remained in debt to the FDIC, which obtained a judgment lien on the real property in the amount of $430,173.44 on May 1, 1990. Around the same time, Carl and Gertrude separated, with Gertrude remaining in their home on the Main Farm and Carl moving into the home of Roland. Roland lived on the Main Farm in a separate house from 2007 through trial and paid no rent to his parents, Gertrude’s estate, or to the co-owners after Gertrude’s death. Larry was named as guardian and conservator for Gertrude in April of 2004. After Gertrude’s death Larry was named as Personal Representative of her probate estate,

Sometime before 1990, Larry and Roland began to take a substantial role in helping on the Main Farm. They greatly increased the number of tillable acres, planted and harvested crops on the Main Farm, raised cattle and gave the revenue from the crops and cattle to Gertrude. There was no formal agreement or partnership with Gertrude or Carl, and Appellants never asked their parents for reimbursement for labor or services and there was no agreement to pay them for the labor or expenses they incurred. Although Larry testified that he expected he would be reimbursed in some way for his work, there was never an agreement that the land or any inheritance would be used to repay him for the services.

The expenses of the farming operation were submitted to the Probate Court during the pendency of Gertrude’s guardianship/conservatorship and her subsequent decedent’s estate. No claims were submitted to either estate for repairs or improvements to the land provided by Appellants.

Appellants asserted a counterclaim in the partition action seeking equitable liens for their contributions to the real property, in addition to improvements thereto, from 1990 to the time of trial. They claimed that the funds they earned for their mother through their planting, harvesting, and sale of crops and cattle went toward paying the judgement lien on the Main Farm and Denver Property held by the FDIC.4 In addition, they offered an exhibit which itemized their claimed contributions to the farm and farm operations, including improvement to the real property. Appellants also offered expert testimony regarding the improvements to the real property [103]*103they made, including the clearing of land into tillable acreage both before and after Gertrude’s death. After Gertrude’s death, Appellants cleared fifteen acres on the Main Farm and 38 acres on the Denver Property to make it tillable for crops and that enhanced the farms values by $3,000 and $19,000 respectively. Appellants claimed they should be credited contributions for their efforts from 1990 until the time of trial in the amount of $531,053.14. Turner also claimed a set-off against any lien for the reasonable rental value of the real property after she became a co-tenant on December 14, 2008, because Appellants had exercised exclusive control over the property after she became a partial owner of the property. The parties agreed that the property could not be divided in kind without great prejudice to the parties, and the trial court found that based on the nature and amount of the real property sought to be divided and the number of owners that the property should be sold and the proceeds divided between the owners.

The court determined that Appellants were not entitled to equitable liens for any contributions they made to the property prior to the death of Gertrude on December 14, 2008.

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Cite This Page — Counsel Stack

Bluebook (online)
514 S.W.3d 98, 2017 WL 1149149, 2017 Mo. App. LEXIS 231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-pence-moctapp-2017.