Caswell v. Bathrick, 1079.

• Decision Date: 13 February 1933
• Docket Number: No. 1079.,1079.
• Citation: 164 A. 505
• Parties: CASWELL et al. v. BATHRICK et al.
• Court: Rhode Island Supreme Court

164 A. 505

CASWELL et al.

v. BATHRICK et al.

No. 1079.

Supreme Court of Rhode Island.

Feb. 13, 1933.

Appeal from Superior Court, Providence and Bristol Counties; Arthur P. Sumner, Judge.

Bill by Henrietta A. Caswell and another against Lillian M. Bathrick and husband. From the decree, respondents appeal.

Appeal denied and dismissed, decree affirmed, and cause remanded.

McGovern & Slattery and Edward Goldberger, all of Providence, and Julius Ousley, of Pawtucket, for complainants.

Knauer & Fowler, of Providence, for respondents.

RATHBUN, J.

By this bill in equity the complainants, who are legatees under the will of Marie P. Desrosiers, are asking to have respondent Lillian Bathrick and her husband Warren C. Bathrick decreed to hold in trust, for the benefit of legatees and creditors of the estate of said Marie Desrosiers, certain funds, representing deposits in savings banks, received from her by said Lillian Bathrick. Lillian and complainant Henrietta Caswell are sisters, daughters of Mrs. Desrosiers. The other complainant is a son of Henrietta. Lillian and her husband, who are executors of the will of Mrs. Desrosiers, contend that the bank books were given to Lillian by her mother before she deceased. After a full hearing on bill, answer, and proof, the trial justice entered a decree declaring that the funds in question are held by the respondents as constructive trustees for the benefit of the creditors and legatees of the estate of Marie P. Desrosiers. Said decree also directed the respondents to pay to said executors the sum of $10,156 with interest, and ordered said respondents as executors to file an amended inventory showing the possession of the funds in their hands and possession as such executors. The cause is before us on the respondents' appeal from said decree.

On January 1, 1920, the date of her will, testatrix was a widow, in advanced years, living in Northbridge, Mass. She had two daughters, Lillian M. Bathrick and Henrietta A. Caswell, and a grandson, Henry C. Caswell, only son of Henrietta A. Caswell, who had been brought up by the testatrix. By said will she bequeathed to Henry C. Caswell $1,000, to Henrietta A. Caswell $3,000, to Lillian M. Bathrick $3,000, and made the latter residuary legatee. Lillian and her husband were named executors. Around the latter part of May, 1920, the testatrix, being in feeble health, moved to the home of her daughter Lillian in Pawtucket, R. I., where she remained until her death. On May 18, 1920, the testatrix sold all her real estate, which was situated in Northbridge. She received the net amount of the purchase price, after the payment of a mortgage thereon, in two checks, one for $7,000, the other for $2,033.30. On May 20, 1920, the testatrix opened an account in the Pawtucket Institution for Savings by depositing the latter check and $400 in cash. On June 1, 1920, the check for $7,000, indorsed by testatrix and Lillian M. Bathrick, was presented to the same bank, and an account for $3,500 was opened in their joint names, payable to either or to the survivor. On the same day the other half of the proceeds of the check for $7,000 was deposited in the Slater Trust Company by the opening of an account in the names of the testatrix and Lillian M. Bathrick, payable to either or to the survivor. At this time the testatrix had an account of $700 in the Bay State Savings Bank in Worcester, and another account in the Worcester County Institution for Savings.

Thereafter from time to time various small sums, the largest being $200, were drawn from the various accounts. Some of the withdrawals were made by the testatrix, and several by Lillian. As to a number of withdrawals it is impossible to ascertain which of them drew the money.

On June 1, 1922, Lillian presented to the Pawtucket Institution for Savings an order directing that institution to pay testatrix's account in that bank to Lillian, and to deliver to her a Liberty Bond for $50 which testatrix had left with that institution for safe-keeping. On said date the order was honored, and Lillian received from the bank the bond and $2,495.17, which sum, together with the bond, were at once redeposited in the same bank in Lillian's name. On June 1, 1922, Lillian presented to the Worcester County Institution for Savings an order signed by testatrix directing that bank to pay to Lillian $100. On the said order in Lillian's handwriting are written the words "and add her name on my book." Lillian received the money, presented a similar order to the Bay State Savings Bank and withdrew another $100. On June 2, 1922, a safe deposit box in the Slater Trust Company was rented in the names of Lillian M. Bathrick and Warren C. Bathrick. This box was retained until June 4, 1924, at which time it was given up. On August 22, 1922, Lillian withdrew from the account in the Pawtucket Institution for Savings standing in the name of herself and testatrix the sum of $500. On the same day the sum of $460 was deposited in the account then in the names of Lillian and the testatrix in the Slater Trust Company. On September 26, 1922, Lillian withdrew the account in the Slater Trust Company standing in the name of herself and the testatrix. The balance at that time was $4,006.09. On the same day an account in the names of Lillian M. Bathrick and Warren C. Bathrick, her husband, was opened in the same bank with a deposit of $4,006.09. On the same day Lillian withdrew in cash from the account in the Pawtucket Institution for Savings then standing in the name of Mrs. Desrosiers and Lillian the balance, which at that time was $2,099.12. On the same date there was deposited in the new account in the Slater Bank the sum of $2,949 in cash. On November 21, 1922, a withdrawal of $45 was made by Lillian from the account in the Pawtucket Institution for Savings then standing in the name of Lillian, which account was formerly in the names of herself and Mrs. Desrosiers. On the same...