Doane v. Doane

• Decision Date: 07 March 1921
• Citation: 238 Mass. 106,130 N.E. 484
• Parties: DOANE v. DOANE.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

238 Mass. 106

130 N.E. 484

DOANE

v.DOANE.

Supreme Judicial Court of Massachusetts, Middlesex.

March 7, 1921.

Appeal from Superior Court, Middlesex County.

Bill by Mabel L. Doane, administratrix of the estate of her late husband, William J. O. Doane, against Almira H. Doane. From an interlocutory decree overruling exceptions to the master's report, and confirming it, and final decree for plaintiff, defendant appeals. Decree affirmed.

Ruth Beddoes Ross, the plaintiff's daughter, and a witness for the plaintiff, testified that she was employed by the deceased husband. Against the defendant's objection and exception, the master permitted her to testify that in 1912 she began to devote her entire time to the deceased's business, that she did the bookkeeping and whatever was necessary, and that she became familiar with every department of the work. She thereafter testified to and explained the method of the deceased's keeping of accounts under the ‘McCaskey system,’ so called.

George F. James, of Boston, for appellant.

Bates, Nay, Abbott & Dane and Robert E. Buffum, all of Boston, for appellee.

CROSBY, J.

This is a bill in equity brought by the plaintiff as administratrix of the estate of her late husband, William J. O. Doane, against the defendant, who is the mother of the intestate, for the purpose of determining the validity of a note and mortgage given by the intestate to the defendant, the consideration therefor, and the amount, if anything, due thereon.

The bill alleges in substance that when the note and mortgage were given, and for some time previously, the relations between the intestate and his wife ‘were strained,’ and that shortly after the note and mortgage were given, a separation took place, through no fault of the wife, and that the parties did not live together afterwards. The bill further alleges that the note and mortgage were without consideration; that they were given, in anticipation of possible legal proceedings which might be brought against the intestate by his wife, for the purpose of preventing her from obtaining the property covered by the mortgage, and, in case of his decease, from securing her rights as widow, The master found upon the evidence, which is not reported, that the note was never delivered to the defendant and was found, after death of the intestate, by the plaintiff in his safe deposit box in the bank; that the note and mortgage were given to the defendant--

‘For the purpose of preventing himself from being harassed in business, so far as possible, by any hostile legal action that might be taken for, or on behalf of, his wife.’

We construe this language as a finding that the note and mortgage were given by the deceased to his mother for the purpose, and with the intention, of preventing his wife from reaching his property in any...