John A. Young v. Frank Knell

This declaratory judgment action was brought to determine the ownership of an account in the Farm and Home Savings Association of Nevada, Missouri, hereinafter referred to as the Association, and of a life insurance policy issued by the Equitable Life Assurance Society of the United States. Prior to trial, however, the life policy issued on the life of Flo Young, in the amount of one thousand ($1000.00) dollars was delivered to the named beneficiary, Maude L. Baer, defendant and respondent herein. The proceeds thereof were subsequently paid to her. Plaintiff dismissed his action as to the insurance company. This issue is no longer a part of the case and will only be considered as it may reflect upon the issue of the ownership of the disputed account for ten thousand ($10,000.00) dollars plus interest. The claimants to the account are Plaintiff John A. Young, Sr., the administrator of the estate of Flo Young, deceased, hereinafter referred to as appellant, and Maude Baer, the named surviving co-owner. The trial court rendered judgment for Mrs. Baer. We have jurisdiction because the total amount in question, including interest to date of judgment does not exceed $15,000.00. Article 5, Sections 3 and 13, Constitution of Missouri, 1945, V.A.M.S.; Section 477.040, V.A.M.S., as amended, Laws of 1959; Berry v. Crouse, Mo. App., 370 S.W.2d 724. Flo Young, a spinster, and her mother Ella F. Young, lived together in Navada, Missouri, until the death of the mother in 1948. Miss Young thereafter lived alone at the same address until her unexpected death on December 29, 1964, at almost 74 years of age. The only immediate surviving members of her family were her sister, Bessie Jones, Bronaugh, Missouri, and her brother, John A. Young, Sr., Raytown, Missouri, who is the appellant herein.