Reseña de Roy G. Courier v. Pauline Scott

Roy G. Courier v. Pauline Scott de Supreme Court of Missouri Resumen del Libro

On September 24, 1955, Roy Courier brought a declaratory judgment action averring that a dispute existed between him and defendants
as to the ownership of certain personal property. Roy is the widower of Della Courier and defendants are the children of and
all the heirs at law of Della. Pauline Scott, one of the children, was made a party also in her capacity as administratrix
d.b.n. of Della's estate. The sole issue tried below was the ownership of $10,000 in cash and six United States Savings Bonds
of a maturity value of $6,000. The trial court found and adJudged that plaintiff owned the property and ordered it delivered
to him. In the view we take of this case the facts necessary to a Disposition are, we think, undisputed. Della Rogers, then a widow,
married plaintiff Roy Courier in 1934 and they lived together as husband and wife until Della's death in October 1950. In
March 1950 Della had in her possession $14,000 in cash which she delivered to one of her daughters, defendant Dorothy Beeman,
with certain directions. Mrs. Beeman deposited $3,000 on March 7 and $10,000 on March 8, 1950, in an existing bank account
in the sole name of Della Rogers. In that same month, March 1950, she purchased six United States Savings Bonds, each of a
maturity value of $1,000. On May 17, 1952, the Probate Court of Jackson County appointed plaintiff administrator of the assets
of the deceased Della. On May 29, 1952, the administrator filed an inventory listing as the only asset, real estate valued
at $2,000. On January 10, 1955, plaintiff and his attorney talked with the president of the bank in which the Della Rogers
account was located, and advised that plaintiff was the administrator of Della's estate, exhibiting a certified copy of his
letters of administration, and stated that plaintiff wanted to withdraw the money from the Rogers account. As a result a check
for the total amount in the account, $10,220.12 ($220.12 was in the account prior to the time the $10,000 was deposited by
Mrs. Beeman), was drawn payable to "Della Rogers Estate" and signed "Della Rogers, by Roy G. Courier, administrator." Then
a check in the same amount was drawn, payable to the order of "For Cashier's Check" and signed by Roy Courier, administrator,
Della Rogers Estate. The bank then issued its cashier's check to the order of Roy G. Courier for $10,220.12. On January 19,
1955, plaintiff filed an annual settlement in Della's estate showing that he had sold the inventoried real estate for $1,500
and expended that amount for debts, and on that same day the probate court found that the estate was exhausted and ordered
that it be closed and the administrator finally discharged.

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