In re Estate of Biege

The opinion of the court was delivered by This was an action brought by the executors of the estate of
Pearl Buckbee Biege against Ray R. Biege, Sr., the surviving
spouse, for the purpose of bringing assets into the estate. The petition contained four causes of action. The first three,
concerning conversion of checks amounting to $4,095.66, are
identical, and we treat them as one. The plaintiffs-executors
charged the defendant, Ray Biege, with endorsing the name of
decedent after her death upon these checks, which were payable to
her order, and causing them to be cashed and deposited in his
account the day following her death. In the fourth cause of
action the executors sought an accounting for payments received
by defendant on an escrow contract for the sale of real property
which had been held by decedent and defendant as joint tenants.
The trial court rendered judgment for the plaintiffs on the first
three causes of action and for the defendant on the fourth cause
of action. Plaintiffs appeal from the judgment rendered against
them on the fourth cause of action and defendant cross-appeals
from the judgment rendered against him on the first three causes
of action.