Daniels v. Aharonian, No. 1387.

CourtRhode Island Supreme Court
Writing for the CourtFLYNN, Chief Justice.
Citation200 A. 957
PartiesDANIELS et al. v. AHARONIAN et al.
Decision Date16 July 1938
Docket NumberNo. 1387.
200 A. 957

DANIELS et al.
v.
AHARONIAN et al.

No. 1387.

Supreme Court of Rhode Island.

July 16, 1938.


Appeal from Superior Court, Providence and Bristol Counties; Alexander L. Churchill, Judge.

Suit by Harry Daniels and another against Sarah Aharonian and others for specific performance of an alleged oral agreement by the parties' mother with their father to make a testamentary disposition of property devised to her by his will. From a decree of dismissal, complainants appeal.

Reversed and remanded.

Cunningham, Semonoff & Kelly and Judah Semonoff, all of Providence, for complainants. Arabian, Gonnella & Barad and Aram A. Arabian, all of Providence, for respondents.

FLYNN, Chief Justice.

&gt

This is a bill for specific performance of an alleged oral agreement between the father and mother of these parties, whereby

200 A. 958

the mother agreed to make a testamentary disposition of property devised to her by the will of her husband. At the hearing in the superior court upon bill, answer, replication and proof, and at the conclusion of the complainants' evidence, a decision was rendered denying and dismissing the bill of complaint. A decree accordingly was entered and the cause is before us upon the complainants' appeal from the entry of such decree.

The two complainants and the four respondents are brothers and sisters, being children of Zakar Daniels, father, and Mariam Daniels, mother, both deceased. The only one of the parties who testified in the superior court hearing was Harry Daniels, one of the complainants. Several other witnesses testified to the will of Zakar Daniels and to incidents in connection with the making of his will and of the alleged agreement by Mariam Daniels, the mother, t6 make in her will certain dispositions to the children of the property devised to her by her husband's will.

Immediately upon the conclusion of the complainants' evidence and without introduction of any evidence by or on behalf of any of the respondents, the transcript discloses the argument of counsel, representing apparently only one of the respondents, as follows: Mr. Kiernan: "At this time I move that the complainants' bill in equity be denied and dismissed * * *." Then follows his argument to the court substantially upon the failure of the complainants to establish the alleged agreement or the grounds for the relief asked for in the bill of complaint.

At the end of his argument the transcript discloses that the court was about to hear...

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3 practice notes
  • Daniels v. Aharonian, No. 1445.
    • United States
    • Rhode Island Supreme Court
    • July 24, 1939
    ...not closed their case. The cause was therefore remanded to the superior court for completion of the evidence. Daniels v. Aharonian, R.I., 200 A. 957. When the cause came on for further hearing in that court, Elizabeth Jundanian, one of the original complainants, was allowed by the court, at......
  • Havens v. Havens, No. 1394.
    • United States
    • Rhode Island Supreme Court
    • July 21, 1938
    ...superior court in this case is admissible to prove that the omission of a testator to provide in his will for any of his children or the 200 A. 957 issue of a deceased child was intentional and not occasioned by accident or mistake. Jenks v. Jenks, 27 R.I. 40, 60 A. 676; Lindsley v. Lindsle......
  • Sundlun v. Volpe, No. 1396.
    • United States
    • United States State Supreme Court of Rhode Island
    • December 16, 1938
    ...is governed in principle by our opinions in Rhode Island Hospital Trust Co. v. Gilleney, R.I., 199 A. 691 and Daniels v. Aharonian, R.I, 200 A. 957. Each of these cases was an equity proceeding, wherein a substantially similar motion was made by a respondent at the conclusion of the complai......
3 cases
  • Daniels v. Aharonian, No. 1445.
    • United States
    • Rhode Island Supreme Court
    • July 24, 1939
    ...not closed their case. The cause was therefore remanded to the superior court for completion of the evidence. Daniels v. Aharonian, R.I., 200 A. 957. When the cause came on for further hearing in that court, Elizabeth Jundanian, one of the original complainants, was allowed by the court, at......
  • Havens v. Havens, No. 1394.
    • United States
    • Rhode Island Supreme Court
    • July 21, 1938
    ...superior court in this case is admissible to prove that the omission of a testator to provide in his will for any of his children or the 200 A. 957 issue of a deceased child was intentional and not occasioned by accident or mistake. Jenks v. Jenks, 27 R.I. 40, 60 A. 676; Lindsley v. Lindsle......
  • Sundlun v. Volpe, No. 1396.
    • United States
    • United States State Supreme Court of Rhode Island
    • December 16, 1938
    ...is governed in principle by our opinions in Rhode Island Hospital Trust Co. v. Gilleney, R.I., 199 A. 691 and Daniels v. Aharonian, R.I, 200 A. 957. Each of these cases was an equity proceeding, wherein a substantially similar motion was made by a respondent at the conclusion of the complai......

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