Siblings sue brother over money in father's account

By Kelly Holleran | Dec 24, 2008

The children of Harold G.K. Agne have filed suit against one of their brothers, alleging he kept all money in an account that was supposed to be split between the children.

Joan English, Terry Agne, James Agne and Janet Dick allege Harold owned an Edward Jones account that he transferred to Curt Agne on Oct. 11, 2005, to protect the account from Harold's potential creditors, according to the complaint filed Dec. 19 in St. Clair County Circuit Court.

However, there was an "understanding that the funds in said account were to remain the property of Harold G.K. Agne," the suit states.

Harold's intent was that the funds would be shared equally between all his children when he died, the children claim.

But Curt has refused to distribute the account between his brothers and sisters after their father died on Dec. 11, 2007, according to the complaint.

"By retaining the funds in said account and keeping them for his own use and benefit, the Defendant, Curt Agne, is guilty of a conversion," the suit states.

The market value of the account was $50,000 at the time of the conversion, the children claim.

In addition to the $50,000, the children are seeking interest, punitive damages of not less than $500,000, costs and other relief the court deems just.

They are represented by Patrick M. Flynn of Flynn and Guymon in Belleville.

St. Clair County Circuit Court case number: 08-L-651.

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