Fuller v. Fuller

• Decision Date: 14 October 1927
• Parties: FULLER et al. v. FULLER et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

261 Mass. 82

158 N.E. 333

FULLER et al.

v.FULLER et al.

Supreme Judicial Court of Massachusetts, Worcester.

Oct. 14, 1927.

Appeal from Probate Court, Worcester County; H. H. Atwood, Judge.

Petition by Dorothy T. Fuller and others against John F. Fuller and others, executors, for the revocation of a decree ordering the probate of the will of William A. Fuller, deceased. From a decree dismissing the petition, petitioners appeal. Affirmed.

J. H. Powers, of Boston, guardian ad litem, for Margaret T. fuller.

M. M. Johnson, of Boston, for Dorothy T. Fuller.

C. C. Milton, of Worcester, for respondents.

CROSBY, J.

This is a petition brought by the widow of William A. Fuller for the revocation of a decree of the probate court ordering the probate of his will. The petition alleges in substance that, during the month of June, 1925, and for some time prior thereto, the testator was of unsound mind and was subject to the domination and influence of his son, John F. Fuller, who fraudulently caused the testator to make the will in question which was dated June 6, 1925, and in which his son was bequeathed a much larger portion of the testator's estate than he was entitled to receive; that John F. Fuller caused his father to appoint him and one Buttrick and one O'Toole as executors of the will; that the testator committed suicide four days after the will was executed; that John F. Fuller and Buttrick conspired to obtain for said John F. Fuller the share of the estate which the will bequeathed to him; that the persons named as executors, in whom the petitioner relied to protect her interests, conspired to secure the probate of the will and purposely withheld from her proper legal advice and information respecting her rights, namely, that her husband was of unsound mind at the time of the execution of the will and had executed it through the undue influence of John F. Fuller and Buttrick, and that they had caused her to assent to the allowance of the will and to the appointment of the persons therein named as executors; that in pursuance of the conspiracy Buttrick filed a petition for the probate of the will and caused a guardian ad litem of Margaret T. Fuller, a minor daughter of the testator, to be appointed; that Buttrick falsely represented to the probate court that the testator was of sound and disposing mind and memory and was not subject to undue influence; that relying on such representations the court entered a decree allowing the will and appointed the persons therein named as executors; that the decree was a fraud upon the court because of the fraud practiced upon it by Buttrick and John T. Fuller, and was entered by mistake, the court not knowing the facts. The petition includes other allegations of fraud on the part of the persons named as executors which need not be here recited in detail.

The case was heard by the judge of probate, and all the evidence before him is reported. He made the following and other findings:

‘The will was not obtained or induced by the fraud or undue influence of any person. John F. Fuller and Allan G. Buttrick did not at any time conspire or connive to put or keep the deceased under their influence or domination, and did not in fact so put or keep him. At no time did John F Fuller, Allan G. Buttrick, or Mr. O'Toole make any false or misleading statement to any one, or withhold or conceal any fact which it was their duty to state. In a general way, the material facts were equally well known to all the adult members of the Fuller family, and they discussed Mr. Fuller's condition together. Neither John F. Fuller, Allan G. Buttrick, nor George E. O'Toole had or undertook any duty to advise Mrs. Fuller or protect her interest in any way adverse to the will. On the night of the meeting when the petition was prepared and signed, John F. Fuller said to the widow that everything was going to be all right and she must not worry about anything. While Mrs. Fuller was naturally shocked by her husband's death, her assent to the petition for probate was her voluntary, intelligent and responsible act; for over six months thereafter, she did and said nothing to indicate it was not such an act. She was not urged or induced to sign her assent. At the time of the decree and for six months thereafter no one disputed or questioned that when Mr. Fuller executed the will...