(Download) "Estate Clara Elaine Anderson v. Arnold R." by Western District Court of Appeals of Missouri # eBook PDF Kindle ePub Free
eBook details
- Title: Estate Clara Elaine Anderson v. Arnold R.
- Author : Western District Court of Appeals of Missouri
- Release Date : January 27, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This case is an appeal from the grant of summary judgment against appellant's petition alleging undue influence which induced the decedent to revoke appellant's joint tenancy in some bank accounts. Glenda Merten (Petitioner) filed a petition in a discovery of assets action alleging that she retained an ownership interest in a certificate of deposit (CD) account that was held in the sole name of her cousin, Clara Anderson (Decedent), at the time of her death. Decedent created the CD in question by taking the money from three joint CD accounts in the names of Petitioner and Decedent and redepositing it into a single CD account in Decedent's sole name. Petitioner claimed ownership of the money in the CD because the money originally had been held jointly and upon Decedent's death should have gone to her as the survivor. Petitioner alleged that Decedent removed her name from the jointly held CD's because of undue influence by Erica Palmer (Neighbor), Decedent's next-door neighbor. The trial court dismissed Petitioner's petition and granted summary judgment because 1) Petitioner could not prove all of the elements of undue influence, and 2) Decedent's mental incapacity to change the accounts was not pled as a separate count and could not defeat the motion for summary judgment.