Di Stefano v. Hughes, 2026
| Citation | 77 A.2d 917,77 R.I. 511 |
| Decision Date | 12 January 1951 |
| Docket Number | No. 2026,2026 |
| Parties | DI STEFANO v. HUGHES et al. Eq. |
| Court | United States State Supreme Court of Rhode Island |
Voigt, Wright & Slade, Ernst T. Voigt, Edward J. Plunkett, Carroll & Dwyer, John G. Carroll and Lester T. Murphy, all of Providence, for complainant.
Quinn & Quinn, Patrick H. Quinn and Charles F. Cottam, all of Providence, for respondents.
This is a bill in equity to declare null and void certain conveyances and transfers of real and personal estate made by complainant's decedent shortly before his decease. The bill also prays for auxiliary relief. The cause is here on respondents' appeal from a final decree of the superior court granting the relief prayed for.
Respondents contend that the trial justice erred in that he misconceived which party had called certain witnesses and for which party they testified; that he overlooked important evidence; and that he misconceived the medical testimony concerning the mental capacity of the decedent. We shall consider only those reasons of appeal since respondents have neither briefed nor argued their other reasons. Cliff v. Pinto, 74 R.I. 369, 60 A.2d 704.
The basic question raised by the appeal is whether the trial justice erred in finding that the decedent did not have the mental capacity to execute the instruments in question. Respondents argue that he was led into error because he did not correctly consider all the evidence. On the other hand complainant contends that the trial justice's finding is a fair and reasonable deduction from the evidence and therefore should not be disturbed by this court.
That question can be determined only by consideration of all the evidence. It appears therefrom that on October 15, 1945 the decedent James M. Carroll, hereinafter sometimes referred to as James, executed by his make a series of instruments by means of which he transferred virtually all of his estate to his brother Hugh V. Carroll. On that date James was ill in bed with chronic arthritis, diabetes and arteriosclerosis. He had been suffering from those diseases as far back as April 1945. By September his condition had become so much worse that he gave up participation in the grocery business in which he had been associated with his brother as a copartner for forty years. Thereafter he was confined to his home and, for several weeks prior to October 15, 1945, to his bed where he remained until his decease on December 24, 1945. At that time he was over seventy years of age, and according to the death certificate he died of arteriosclerosis and tumor of the brain.
He did not leave a will and it was thought that he left no estate. However, after his death checks payable to him for dividends on certain stocks were being received indicating that he had not disposed of all of his property by the instruments in question here. This finally led to the discovery of such stocks in a safe in James' room which made necessary the appointment of an administrator of his estate. There was considerable delay in filing a petition for this purpose, but at the insistence of the bank which had been honoring the dividend checks, although they were payable only to the order of James M. Carroll, Hugh V. Carroll, by his attorney, at length filed such a petition on March 22, 1948. Hugh was ill at that time and died shortly afterward on April 4, 1948. On such petition George W. Hughes, husband of James' sister Mary, was appointed administrator. However, upon objection to his appointment being raised shortly thereafter by some of the next of kin, he resigned and in his stead complainant, a stranger, was appointed.
The nature and duration of James' illness and the effect it had on his general physical condition is in evidence and is important. At least as early as April 11, 1945 Dr. George B. Farrell found him to be suffering from diabetes mellitus, inguinal hernia, chronic arthritis and arteriosclerosis. On April 18, 1945 the doctor saw him again and found him no better. He testified that James at that time had a 'bad case of diabetes mellitus'; his arteries were 'hard,' 'indurated,' 'pipestem'; and he was unsteady on his feet and drowsy. The doctor further testified that if the patient stayed under treatment his condition might be held stationary but if not it would get progressively worse and his mental processes would deteriorate.
Thereafter James did not receive any steady system of treatment and he did get worse until finally he was confined to his bed. On September 25, 1945 Dr. John A. Mack attended and examined him. He called again on September 27, 1945 and reported the results of his examination to Mrs. George W. Hughes, sister of James. He told her that her brother had some kind of a brain injury and arteriosclerosis and that nothing could be done for him.
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Mikaelian v. Mikaelian, 2421
...from said decree, but he has briefed and argued only twelve. Those neither briefed nor argued are deemed to be waived. DiStefano v. Hughes, 77 R.I. 511, 77 A.2d 917. Under the reasons which he has briefed, complainant makes two points. He contends first, that the trial justice committed pre......