Austin v. Newport Trust Co., 1443.

• Decision Date: 05 June 1940
• Docket Number: No. 1443.,1443.
• Citation: 13 A.2d 682
• Parties: AUSTIN et al. v. NEWPORT TRUST CO. et al.
• Court: Rhode Island Supreme Court

13 A.2d 682

AUSTIN et al.

v. NEWPORT TRUST CO. et al.

No. 1443.

Supreme Court of Rhode Island.

June 5, 1940.

Appeal from Superior Court, Newport County; Walter Curry, Judge.

Suit in equity by Mary Chase Austin and others against Newport Trust Company, administrator c.t.a, and others, to impress a trust upon money deposited in a bank account. From a decree for complainants, defendants appeal.

Appeal denied, decree affirmed, and cause remanded.

Arthur J. Sullivan, of Newport, for complainants.

Burdick, Corcoran & Peckham, Edward J. Corcoran, and Alexander G. Teitz, all of Newport, for certain respondents.

Jeremiah A. Sullivan, of Newport, for respondents Maria J. Austin, Ralph R. Barker, and Laura S. Seabury.

FLYNN, Chief Justice.

This is a bill in equity to impress a trust upon certain monies deposited in a bank account standing in the name of Sarah W. Barker, deceased. After a hearing in the superior court on bill, answer and proof, a decree was entered granting the relief prayed for, relating to the full amount of such account. The cause is before us upon the respondents' appeal from this decree.

The complainants are certain "descendants" of George C. Barker, deceased, who was the husband of Sarah W. Barker. The respondents are the administrator, c.t.a., of the estate of said Sarah W. Barker and certain other "descendants" of said George C. Barker.

The bill alleges, in substance, that George C. Barker died, intestate, November 21, 1903, leaving surviving him his widow, the said Sarah W. Barker, and two children, apparently by his former marriage; that on November 30, 1903, the widow 'and these two children entered into a written agreement which provided chiefly: (1) That the administrator of the estate of George C. Barker transfer to the widow the full amount of a deposit in the Savings Bank of Newport standing in the name of George C. Barker, in the amount of $3,449.46; and (2) that the widow make and duly execute within thirty days a will "bequeathing to and among the descendants of said George C. Barker, living at the time of her decease, as she may determine, all the property real or personal which she shall leave at her decease, and which she shall have derived from the Estate of said George C. Barker, either by gift or bequest, or under the provisions of this Agreement, and that said provisions of said Will shall not be altered or changed."

The bill further alleges that the money in said account was accordingly transferred by the administrator to the widow but that she failed to make her will in accordance with the terms of this agreement; that she died July. 16, 1934, leaving a will dated September 9, 1926, in which she bequeathed $300 to Maria J. Austin, $100 to Mary Chase Austin, daughter of Maria J. Austin, $300 to Ralph R. Barker, and other sums to strangers to George C. Barker's family. The bill further alleges that said Ralph R. Barker died leaving Ralph R. Barker, Tr. and Laura S. Seabury as his only children and heirs at law; and that the money in the bank account standing in the name of Sarah W. Barker at her death was wholly derived from the estate of George C. Barker within the contemplation of the provisions of the above agreement.

At the hearing in the superior court the parties apparently introduced oral and documentary evidence; and, according to the briefs, this evidence presented...