Beemer v. Roher

KNIGHT, J.

Plaintiffs, respectively, are the administratrix of the estate and the surviving wife of Bert Boher, deceased. They joined in bringing this action to recover certain funds in the possession of defendants, alleging that

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the same were community assets and that upon the death of the decedent, who died intestate, his surviving wife Sarah Roher became the absolute owner of the whole thereof subject to the right of possession thereof by said administratrix for administration purposes. The cause was submitted to the trial court for decision on an agreed statement of facts and decided in favor of plaintiffs. Besides decreeing that the said Sarah Roher was the absolute owner of the whole of said funds subject to the right to possession thereof by the administratrix for administration purposes, the judgment directed the defendants to pay the same “forthwith” to said administratrix for such purpose. The appeal defendants have taken from said judgment presents three main questions for determination: namely, whether the stipulated facts are legally sufficient to sustain the trial court’s conclusion that the funds in dispute are community property; if so, whether the surviving wife is entitled to the whole thereof; and whether in any event she is barred from recovering any portion thereof by reason of laches.

According to the stipulated facts, four separate sums of money are involved, three of which, consisting of $2,500, $2,500 and $1400 each, at the time of decedent’s death were on deposit with the defendant corporations in joint tenancy accounts theretofore opened by the decedent in the names of himself and his brother, Henry C. Roher, one of the defendants herein. The fourth sum, amounting to $2,000, was paid to the said Henry C. Roher as the proceeds of a life insurance policy issued to decedent about eighteen months prior to his death, wherein the said Henry C. Roher was named as beneficiary. It is conceded by said stipulated facts that at the time of decedent’s death the plaintiff Sarah Roher was and for approximately thirty-seven years had been his wife; that the sums of money on joint deposit Avith said corporations were the accumulations from the decedent’s wages earned by him during marriage; that the premium on the life insurance policy was paid with his earnings, and that ever since the year 1920 Henry C. Roher ■ knew that the decedent and Sarah Roher were husband and AArife. In this regard the agreed statement of facts shows that the parties were married in Illinois in 1894 and later on moved to Kansas, where they lived together as husband and wife until December 31, 1920, on which date