301 Mass. 329 | Mass. | 1938
Upon a petition filed by the administrators of the estate of Katherine E. Abbott in the Probate Court for the county of Worcester alleging that the respondent, who stood in a fiduciary relation with the intestate, had caused her, through undue influence exerted by him upon her, to transfer certain bank accounts owned by her into their joint names and to transfer certain securities to him, a decree was entered that the deposits were the property of the respondent and that the stocks and bonds were assets of the estate. The petitioners appealed.
There are no findings of material facts but all the evidence has been reported. It is the duty of this court to examine the evidence, determine the facts and decide the case upon its own judgment, giving due weight to the findings made by the judge of probate upon oral testimony of witnesses who appeared before him, which findings are not to be reversed unless they are plainly wrong. Comstock v. Bowles,
The intestate died on January 6, 1937, at the age of seventy-three years. The respondent was her third cousin. The relations between the families of both had been fairly close and intimate for a great many years. Michael Abbott, her brother, had died in 1930 leaving to her all his property amounting to $16,000. Her brother and the respondent were friends. The intestate had lived in Spencer all her life. The respondent, a clergyman, was connected with a church in Worcester during the five years preceding September, 1930, and during this period he visited his cousin, the intestate, on at least twenty-four occasions. In September, 1930, he was assigned to a church in Spencer where he remained for nearly four years. His residence there was located upon the same street upon which the intestate lived. He saw her daily. Sometimes, she would cal' him as he was passing and, at times, she complained'because he went by without coming in. She frequently told him that her brother, Michael, wanted his property to go to the respondent and that she would comply with the wishes of her brother. The respondent made no suggestions and never advised her concerning this property. She was capable of managing her own affairs. At the time of the transactions in question she was about sixty-eight years of age and in normal health for a person of her years. None of her mental faculties was impaired. She was sensible and strong willed.
She went to her safety deposit box on December 6, 1932, and removed four bank books and some stocks and bonds and took them home. These books and securities had come to her from .the estate of her brother. When the respondent called at her home, she told him she wanted to settle things as her brother had told her to do and wanted the respondent to have the bank books, securities, and joint control of her safety deposit box. She told him to take the bank books to the various banks and have them made into joint accounts. He went to the banks and returned with identification cards and transfer slips. On his visit on the next day, he told her it would be necessary to have
The evidence on the issue of undue influence taken as a whole shows scarcely anything beyond an opportunity for its exercise. The intestate fully understood and appreciated the effect of changing her accounts into joint accounts. There is nothing to indicate that her action was not free and voluntary. We agree with the remark made by the judge of probate during the argument before him that there was no evidence of undue influence. Walsh v. McGrenery, 299 Mass. 153, 155. Foley v. Philbrook, 300 Mass. 418, 425.
There was no relation of trust and confidence between the intestate and the respondent. She never consulted with
The intestate intended to give the respondent a present interest in each of the five deposits, which was measured and defined by the contractual rights established with the banks by virtue of the operation of the deposit agreements made at the time the accounts became joint and payable to the survivor. Such an interest ripened into a full and complete ownership of the deposits upon the death of the intestate, which then became the sole property of the respondent. Holyoke National Bank v. Bailey, 273 Mass. 551. Coolidge v. Brown, 286 Mass. 504. Goldston v. Randolph, 293 Mass. 253. Batal v. Buss, 293 Mass. 329.
Decree affirmed.