Cutroneo v. Cutroneo
| Decision Date | 06 August 1953 |
| Docket Number | No. 2188,2188 |
| Parties | CUTRONEO et al. v. CUTRONEO et al. Equity |
| Court | Rhode Island Supreme Court |
John Quattrocchi, Jr., Providence, for complainants.
Benjamin M. McLyman and Sigmund W. Fischer, Jr., Providence, for respondents.
This bill in equity was brought to have a trust impressed upon certain leasehold property in the city of Providence in this state. After a hearing in the superior court on amended bill, answer and proof a decree was entered in accordance with the trial justice's decision denying and dismissing the bill of complaint. From that decree complainants have prosecuted their appeal to this court.
The complainants are Santo J. Cutroneo and Emanuele Cutroneo, two sons of Concetta and Augostino Cutroneo late of Providence deceased. The respondents are all the other children of such parents. However, the bill originally and as amended is directed principally against Rosaria Cutroneo Martucci and Giuseppina Cutroneo, who are sisters of complainants and hereinafter will be referred to as the respondents.
The poperty, in which a trust is claimed in favor of complainants and all of said respondents in equal shares, consists of a long-term lease of a certain lot of land with two tenement houses thereon located at 73, 75 and 75 1/2 Harrison street in said Providence. Such leasehold property was purchased on August 25, 1934 for $3,500 by payments of $100 and $526.59 in cash and the execution of a note and mortgage for the balance of $2,900. The additional $26.59 represented an adjustment of accrued charges.
The complainants allege and in general testified that the property was purchased in 1934 by their mother solely out of money belonging to her; that title was taken in the name of respondent Rosaria because of the mother's confidence in her and upon her express parol agreement that the beneficial interest and control of the property was to remain exclusively in the mother; that the mother alone managed the property, collected the rents, paid for repairs, taxes and other capital and interest payments; and that respondents made no contribution toward the purchase price, had no rights therein at the time, and later had acknowledged the mother's exclusive ownership of the beneficial interest in the property.
It is further alleged by complainants that until the marriage of Rosaria in 1949 the household comprised the mother, father and the two respondents; that throughout the period of the mother's life the net rentals of the buildings, exclusive of their own tenement, were sufficient to pay the carrying charges of the property and mortgage; that Rosaria and Giuseppina merely paid $5 and $8 respectively per week for their board and room; that Rosaria conveyed the property to herself and her sister Giuseppina as joint tenants; and that Rosaria just prior to her marriage conveyed her entire interest to Giuseppina, who is still single and holds the record title.
It is contended that on the deaths of the mother and father intestate the beneficial title to the property descended under the law in equal shares to all the children of Concetta and Augostino Cutroneo; that the respondents have refused to recognize complainants' interests and though requested have refused to make suitable conveyance thereof to complainants.
On the other hand Rosaria and Giuseppina testified that in 1934 their mother and father had lost by mortgage foreclosure sale certain property located on Grove street in Providence because in the depression period the tenants had not paid their rents for the greater portion of a year or more; that they also were forced to sell another house on Almy street for a similar reason; that the father, having then been retired since 1920, was without work or income; and that their mother and father had no money to purchase and did not purchase the property in question. They further testified that they were working and out of their own money purchased an assignment of the leasehold interest on a down payment of $100, plus $526.59 in cash when the conveyance was made, and that because Giuseppina was in business Rosaria took the title and executed a mortgage and note for the balance of $2,900; and that they paid all the taxes, repairs, ground rent, insurance, mortgage principal and interest, and exhibited receipts in their names to corroborate their statements.
They also testified that complainants were married at the time; that they were not living at home with the father and mother and were not present at the making or closing of the above-mentioned transaction; that between 1934 and 1950, because they were married, they were not able to and did not make any contribution toward the support of their mother or father; and that they did not contribute directly towards payment of the bills for the funerals...
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