Bloom v. Bloom

• Citation: 150 N.E.2d 24,337 Mass. 480
• Parties: Dora BLOOM et al. v. Louis BLOOM et al.
• Decision Date: 06 May 1958
• Court: United States State Supreme Judicial Court of Massachusetts

Page 24

150 N.E.2d 24

337 Mass. 480

Dora BLOOM et al. v. Louis BLOOM et al.

Supreme Judicial Court of Massachusetts, Middlesex.

Argued April 8, 1958.

Decided May 6, 1958.

Max Kabatznick, Boston, George M. Belsky, Mattapan, and Erwin E. Cooper, Boston, for plaintiffs.

Magnus Greenman, Boston, for defendants.

Before WILKINS, C. J., and RONAN, SPALDING, WHITTEMORE and CUTTER, JJ.

SPALDING, Justice.

The plaintiffs in this suit are Dora Bloom and her daughter Barbara Evelyn Greenstein, widow and daughter, respectively, of the late Jacob Bloom. The defendants are Louis Bloom (Brother of Jacob), his wife Bessie, J. Bloom Company (a Massachusetts corporation), Samuel Markel and Rueben Kaplan (coexecutors with Louis Bloom of Jacob's estate and formerly trustees under his will), and Morris Fulman and Maurice Rogovin, who are successor trustees under the will. Summarily stated, the bill alleges that prior to Jacob's death, Louis, with knowledge that Jacob was dying and had failed in body and mind and was constantly under the influence of narcotics and sedatives, fraudulently obtained Jacob's signature on various documents which he, Louis, had prepared. These documents included a deed of Jacob's interest in a parcel of real estate, an agreement making Louis a partner of Jacob, and an agreement to sell Jacob's interest in the good will of the business of the partnership J. Bloom Company for a nominal sum. The bill further alleges that Louis deceived his coexecutors by representing to them that Jacob was competent when he executed these documents, whereas in fact he was not; that he also deceived his coexecutors by misrepresenting the value of J. Bloom Company and its good will; and that as a result of the fraudulent conduct of Louis the plaintiffs, who are legatees under Jacob's will, received less than they should have received.

The defendants Louis, Bessie, and J. Bloom Company filed a motion to dismiss, which in substance stated that the matters complained of in the bill had been adjudicated after full hearing by the Probate Court for Middlesex County in connection with the allowance of the executors' first and second and final accounts; that decrees allowing these accounts had been entered by that court; and that these decrees could not be attacked collaterally in the present proceeding. The judge treated the motion to dismiss as a plea and so informed the parties. See E. S. Parks Shellac Co. v. Jones, 265 Mass. 108, 110, 163 N.E. 883.

The judge made findings of fact of which the following is a summary. The will of Jacob Bloom was allowed December 6, 1946, by the Probate Court for Middlesex County. The plaintiff Barbara Evelyn Greenstein was then a minor but she became of age on October 19, 1947. The executors appointed by the Probate Court (all of whom are named in the present bill as defendants) filed their first account May 18, 1948. 'It is unnecessary to recapitulate the long history of the probate proceedings, no inkling of which is given in the * * * bill * * *. It is sufficient to say that upon the...