162 A. 303 | Pa. | 1932
Argued April 21, 1932. Casper Vetter died in 1925, and by his will devised one-third of his residuary estate to his sons, one-third to one daughter, and the remaining one-third in trust to pay the income to his other daughter, Rose Vetter, for life, with remainder to her children; but, if Rose Vetter's husband died, or "in case of her divorce from him," *450 "the principal of the trust estate . . . . . . shall be paid to her absolutely and in fee simple."
Rose Vetter married Charles Van Dusen of Colorado in 1914. They lived in that state seven years and then moved to Los Angeles, where they have since been domiciled. They have two minor children. In December, 1928, Rose Van Dusen, claiming a divorce by decree of a Nevada court, petitioned the Orphans' Court of Philadelphia County for a citation on the trustees to file an account. In the petition she declared that because of the divorce she was entitled to the estate held in trust. On this petition, the orphans' court appointed a guardian ad litem for the children, and their guardian, together with the trustees, filed answers. The proceeding was referred to a master, who found that the Nevada court had no jurisdiction to grant a divorce to the petitioner since her residence in the State of Nevada was solely for the purpose of obtaining the divorce.
After some intermediate proceedings, the lower court affirmed the master's finding on jurisdiction, but also held that it was competent to determine whether fraud was practiced in the proceedings brought in this State to terminate the trust. It found, and its finding is amply supported by the uncontradicted evidence, that the conduct of appellant was "an attempt to commit a bare-faced fraud on this court." It stated, "We are satisfied that the divorce was obtained solely for the purpose of terminating the trust. This court will not countenance such a proceeding, nor will it lend its aid to defeat the manifest intention of the testator through reliance upon a proceeding brought solely for the purpose of defeating such intention." The petition was dismissed.
The argument of appellant in this court vigorously attacks the finding of the master and the court below that the Nevada court was without jurisdiction to grant a divorce. She points out that all the jurisdictional questions, particularly the ones relied on by the court *451
below to defeat that jurisdiction, were submitted to and determined as questions of fact by the Nevada court, and that the case of Andrews v. Andrews,
We need not discuss this interesting question, for there is another ground on which the decree of the court below may be affirmed. The testimony amply sustains the conclusion that the acts of appellant and her husband were attempts to perpetrate a fraud on the court and the remaindermen under Casper Vetter's will.
Rose Van Dusen was dissatisfied with her father's will; she consulted counsel; and thereafter told several persons she and her husband had been advised to obtain a divorce; that they intended to do this and be remarried after her share of the estate had been secured. As stated by the court below "one witness testified that she had known petitioner for many years, since petitioner was a little girl; and she had a talk with her in 1926, after testator's death, with regard to the will; petitioner thought the will very unfair and said she 'knew how to get around the will so that she could come into the money. . . . . . I can get a divorce from Charles and after I come into my part of the will I will marry him again.' " The plan was outlined for securing the divorce.
The purpose of the acts on which the divorce proceeding hinged was not to secure a divorce which would separate the parties forever as divorces usually do, but it was simply a means by which the estate could be obtained. The divorce was a necessary incident in a concerted plan to frustrate the will. In considering the effect of the acts of appellant and her husband, as they *452 bear on the proceeding to terminate the trust, all steps must be considered, and the decree of divorce was merely a link in the chain of fraud. We start with the will, appellant's relation and conduct toward it, her desire to avoid its consequences, the legal aid obtained for this purpose, the procurement of the divorce without legal ground, and the attempted termination of the trust. The result of all these acts constituted a fraud on her children and on the court.
Generally speaking, judgments cannot be impeached by strangers for any cause, but where some preëxisting right of theirs would be prejudiced if the judgment is given full "faith and credit," strangers are then permitted to set up fraud and collusion in the procurement of that judgment. "Hence the rule that whenever a judgment or decree is procured through the fraud of either of the parties, or by the collusion of both, for the purpose of defrauding some third person, such third person may escape from the injury thus attempted by showing, even in a collateral proceeding, the fraud or collusion by which the judgment was obtained: Michaels v. Post, 21 Wall. 398.
It was stated in Mitchell v. Kintzer,
If the wife had a real cause or valid ground for divorce, the fact that she exercised that right and procured a decree solely to fulfill the condition of the testator's will, and was happy because of the opportunity to do so, would not affect her right to take the property under the terms of the will. If one has the legal right to do a particular thing, the law will not inquire into his motive for doing it: Beirne v. Continental-Equitable Title Trust Co.,
Moreover, what the testator undoubtedly meant was a divorce obtained in a proper manner. He did not contemplate a divorce obtained merely for the very purpose of defeating his will and the rights of the remaindermen, and a divorce after the granting of which the parties would remarry. What we have discussed covers the questions involved.
The decree of the court below is affirmed.