Rice v. Ransom

WARNE, J. pro tem.* This is an appeal by Jack K. Ransom, as administrator of the estate of Charles A. Williams, deceased, from a judgment in favor of Beryl M. Cannon, as administratrix of the estate of Alice Williams, deceased, quieting title to two bank accounts.

Alice Y. Williams and Charles A. Williams were married in 1927. In September 1953, both were involved in an automobile accident. Alice was killed instantly. Charles died two days later. Among the assets were two bank accounts, one savings account and one commercial account, both of which stood in the name of Alice Y. Williams. Both accounts were originally opened in 1944 in Alice’s name. In 1947, the savings account was changed to a joint tenancy account in the names of Alice and Charles. In 1953, Charles withdrew the balance from the savings account ($5,289.29) and redeposited that sum in a savings account in Alice’s name alone. The account remained in her name thereafter. The commercial account became a joint tenancy account in 1948. On February 13, 1953, this account was closed, presumably by Charles, and the balance was deposited in a new account in Alice’s name alone. There ivas evidence in the record that in 1944 Alice sold a ranch for $8,000. The deed recited that the property was Alice’s separate property, and Charles, who joined therein, declared that he had no title to the land being conveyed but joined for the purpose of abandoning a declaration of homestead made by Alice. There was also received in evidence a [193]transcript of the testimony of one W. S. Wiggins, given at a hearing in the estate of Alice V. Williams, deceased. The transcript shows that Wiggins had known Mr. and Mrs. Williams quite well for seven years; that he and they were the best of friends and that Charles discussed his financial affairs with him many times; that Charles told him about having transferred a bank account from a joint tenancy status to a bank account in the name of his wife alone; that Charles told him the money that was involved was Alice’s; that “The money that was involved in the property that they owned was hers.”

The trial court, among other facts, found that the money on deposit in the two bank accounts at the date of Alice’s death was, and for some time prior thereto had been, the sole, separate and exclusive property of Alice. The evidence supports the finding.

Appellant first contends that the court erred in admitting evidence as to the source and character of the funds prior to the deposit in the joint tenancy bank account. Preliminarily appellant inferentially contends that there was a stipulation that the account was a true joint tenancy. Such is not the state of the record. A reading of the entire colloquy between the court and counsel shows that no stipulation was entered into. The court said at the conclusion: “Well, I am not asking anybody to stipulate to anything.... I will take the evidence.” There was no error in admitting evidence as to the source and character of the funds which were deposited in the joint accounts.