Wenck v. American State Bank
Anthony Wenck, Kris McDonald, Brenda Holt, and R.J., Wenck Trust, Plaintiffs-Appellants
American State Bank, Defendant-Appellee
Attorneys for Appellants Wenck, McDonald, and Holt
Billy J. Mallory
Trevor A. Jordison
Attorney for Appellant R.J. Wenck Trust
Tyler M. Smith
Attorney for Appellee
Verle W. Norris
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Madison County, Thomas P. Murphy, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS. Considered without oral argument by Greer, P.J., and Ahlers and Badding, JJ. Opinion by Ahlers, J. Special concurrence by Greer, P.J. (12 pages)
The beneficiaries of Lanny Wenck’s estate appeal the grant of summary judgment in this declaratory judgment proceeding, which determined who owned bank accounts owned by Wenck prior to his death. OPINION HOLDS: Because there are questions of material fact as to whether another person was properly added as an owner with rights of survivorship to Wenck’s consumer bank accounts prior to his death, we reverse the district court’s grant of summary judgment in favor of the bank and affirm its denial of the beneficiaries’ motion for partial summary judgment. There is no question of material fact as to whether Wenck gifted two of his companies to an individual prior to his death. The district court correctly determined that the two companies owned the commercial accounts, so the individual who now owns the two companies was properly added to those accounts. SPECIAL CONCURRENCE ASSERTS: I disagree with the majority opinion that there are questions of material fact as to whether Lanny orally agreed to add Allen as an owner to Lanny’s consumer accounts. The unrebutted evidence suggests otherwise. And unlike the majority, I think the record leaves a question that on the face of the pleadings requires additional development beyond the summary judgment stage. So, while I agree that the case should be remanded, I would limit the questions to the application of the consumer account agreement only after, if needed for the resolution, the questions about previous ownership is answered.
