Bennett v. Littlefield

• Decision Date: 02 January 1901
• Citation: 177 Mass. 294,58 N.E. 1011
• Parties: BENNETT et al. v. LITTLEFIELD.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

177 Mass. 294

58 N.E. 1011

BENNETT et al. v. LITTLEFIELD.

Supreme Judicial Court of Massachusetts, Essex.

January 2, 1901

COUNSEL

Sidney Perley and J. F. Quinn, for plaintiffs.

Trull & Wier, for defendant.

OPINION

LATHROP J.

The plaintiffs seek to maintain their bill upon two distinct grounds. The first is that, although the residue of the estate was left absolutely to the defendant by her husband he gave her directions to hold it in trust for the benefit of his relatives. The second is that the defendant made a voluntary trust. As to the first, the only ground upon which such a trust could result from a conversation between the defendant and her husband is that stated by Chief Justice Gray in Olliffe v. Wells, 130 Mass. 221, 224: 'It has been held in England and in other states, although the question has never arisen in this commonwealth, that if a person procures an absolute devise or bequest to himself by orally promising the testator that he will convey the property to, or hold it for the benefit of third persons, and afterwards refuses to perform his promise trust arises out of the confidence reposed in him by the testator and of his own fraud, which a court of equity, upon clear and satisfactory proof of the facts, will enforce against him at the suit of such third persons.' At the request of the defendant the judge ruled that all the evidence, so far as it related to any private conversation between the defendant and her husband regarding any direction which she received from her husband as to the disposition of the residue of the estate, be excluded, on the ground that it was the testimony of a private conversation between husband and wife. We do not find it necessary to consider this point, for all the evidence bearing thereon was in fact admitted, and the judge made a finding on the assumption that such conversations, or the admissions of the defendant of the substance of such conversations, were competent. For the purposes of the case, we shall, without deciding the point, treat the evidence as admissible. This finding, after stating his ruling, was as follows: 'But, even though such private conversations should be considered competent evidence, I find that there was no direction given by the husband to her, no declaration of trust by him with reference to the disposition of such residuary estate, and she made no agreement with him in such private conversation with reference to the disposition of the estate under the will in behalf of the plaintiffs; that, so far as she did make any statement to him, it was merely a declaration of an intention as to some future gift of the property she expected to receive under the will, and was in no wise a declaration of trust.' We are of opinion that this finding was not only warranted by the evidence in the case, but was in accordance with it. No other person was present when any conversation was had between the defendant and the testator. She testified that no directions were given her by her husband as to what she should do with certain moneys in the residuary clause of the will; that there was no request, direction, or requirement, in any form, that she should do with the funds in the residuary clause in the will other than the will provided. The witness then testified to a conversation which she had with her husband, as follows: 'About three days before Mr. Littlefield passed away, he said to me, when we were alone and no other person present, that he had given Percy Barnard $1,000; that he hadn't given anything to Virgil Barnard, the father to Percy Barnard, and wanted to see if I would ask Percy if he was going to use the thousand dollars that he received from him for sending him to school. If not, would he divide with his father, and give him five hundred dollars? I said to my husband, 'I wouldn't do that, but let me give Virgil five hundred from mine.' I then said, 'Shall I give Arthur...