Industrial Nat. Bank of R. I. v. Isele, Nos. 57

CourtUnited States State Supreme Court of Rhode Island
Writing for the CourtJOSLIN
Citation101 R.I. 734,227 A.2d 203
PartiesINDUSTRIAL NATIONAL BANK OF RHODE ISLAND, Trustee under Life Insurance Trust Agreement of Maurice A. Gagnon v. Jeffrey A. ISELE et al. INDUSTRIAL NATIONAL BANK OF RHODE ISLAND, Trustee u/w of Maurice A. Gagnon v. Jeffrey A. ISELE et al. Appeal
Decision Date10 March 1967
Docket NumberNos. 57,58

Page 203

227 A.2d 203
101 R.I. 734
INDUSTRIAL NATIONAL BANK OF RHODE ISLAND, Trustee under Life Insurance Trust Agreement of Maurice A. Gagnon
v.
Jeffrey A. ISELE et al.
INDUSTRIAL NATIONAL BANK OF RHODE ISLAND, Trustee u/w of Maurice A. Gagnon
v.
Jeffrey A. ISELE et al.
Appeal Nos. 57, 58.
Supreme Court of Rhode Island.
March 10, 1967.

[101 R.I. 741]

Page 204

Alan P. Cusick, Providence, for complainant.

Edmund A. Baldi, North Providence, for respondent Jeffrey A. Isele.

Abraham Goldstein, Providence, for respondent Kenneth M. Gagnon.

James Cardono, Pawtucket, for respondent Gail M. Isele, now Gail M. Leddy.

Page 205

Albert B. West, Edward P. Manning, Providence, Joseph Janas, John Janas, Central Falls, for respondent Maurice A. Gagnon, Jr.

Edward Bromage, Jr., Providence, guardian ad litem for persons unascertained and not in being.

OPINION

[101 R.I. 735] JOSLIN, Justice.

These two bills in equity were brought in the superior court for the construction of a will and a deed of trust of Maurice A. Gagnon, hereinafter referred to as the decedent, and for a determination of the parenthood of Jeffrey A. Isele, a minor who was born following the decedent's death on February 2, 1959, and who claims that the decedent was his father. The decedent left as survivors a widow, Sophie T., and two children, Kenneth M. and Maurice A. Gagnon, Junior. Industrial National Bank of Rhode Island, trustee under both the will and the deed of trust, is the complainant and named as respondents are Jeffrey A. Isele, Gail M. Isele, as the mother and natural guardian of Jeffrey, Kenneth who is over twenty-one, Maurice[101 R.I. 736] A., Junior, a minor, 1 and Sophie T., as the mother and natural guardian of Maurice A., Junior. It is represented that the named respondents are the only interested parties. Guardians were duly appointed to represent the interests of Jeffrey and Maurice, Junior, as well as the contingent interests of persons not in being and not acertainable. The two bills were consolidated for hearing both below and here and were treated there and will be considered here as if this were but a single proceeding.

The trustee seeks the answers to the following questions: (1) Is Jeffrey an after-born child of the decedent; (2) Does he take a share of the decedent's personal and household effects bequeathed in paragraph numbered 2 of his will 'to my surviving children in equal shares'; (3) Does he qualify as a beneficiary of proportionate shares of the residue of the estate under the will and of the principal of the life insurance trust which the decedent in paragraphs numbered 3a of the will and 6b of the deed of trust directed should be set aside in trust for each of his children who should be living at his death; and (4) Is he a pretermitted child within the purview of G.L.1956, § 33-6-23, and therefore entitled to a share of the decedent's estate equal to that which he would have taken had the decedent died intestate.

At the hearing in the superior court the trial justice admitted only enough evidence to establish the existence of a controversy on the paternity issue and reserved to the parties the right to present further evidence thereon at any subsequent hearing. Then, without first finding as a fact whether or not the decedent was Jeffrey's father, he found that the causes were ready for final judgment and, pursuant to § 9-24-28, as amended, he certified them to this court for our determination.

Our brief summary of the travel of the causes in no way [101 R.I. 737] reflects the concern of the trial justice as to the proper procedure to be followed in the peculiar circumstances of this case and his doubts as to whether a certification prior to a factual determination of the question of Jeffrey's parenthood would be premature. The transcript makes it obvious that he felt bound by a statement of ours in Horton v. Horton, 46 R.I. 492, 129 A. 499, later approved in Kershaw v. Kershaw, 84 R.I. 429, 125 A.2d 126, which he construed as...

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12 practice notes
  • Advisory Opinion (Chief Justice), In re, No. 85-471-M
    • United States
    • United States State Supreme Court of Rhode Island
    • April 4, 1986
    ...written request of the Governor or (not and) of either House of the General Assembly. Industrial National Bank of Rhode Island v. Isele, 101 R.I. 734, 737, 227 A.2d 203, 206 (1967). We are constitutionally obligated to give advisory opinions to either House of the General Assembly only when......
  • Watson v. Fox, No. 2009–215–Appeal.
    • United States
    • Rhode Island Supreme Court
    • May 22, 2012
    ...In re Advisory Opinion (Chief Justice), 507 A.2d 1316, 1318 (R.I.1986) (citing Industrial National Bank of Rhode Island v. Isele, 101 R.I. 734, 737, 227 A.2d 203, 206 (1967)). “We are constitutionally obligated to give advisory opinions to either House of the General Assembly only when the ......
  • Industrial Nat. Bank of R. I. v. Isele, Nos. 1011-A
    • United States
    • United States State Supreme Court of Rhode Island
    • January 29, 1971
    ...and only then to hold an evidentiary hearing and to resolve the conflicts on the fatherhood question. Industrial National Bank v. Isele, 101 R.I. 734, 227 A.2d 203. After the Superior Court had complied with out mandate, the causes were ready for entry of final decrees, and were certified t......
  • Nocera v. Lembo, No. 1700-A
    • United States
    • United States State Supreme Court of Rhode Island
    • January 9, 1973
    ...of these circumstances defendant's contention does not raise a justiciable issue and need not be answered. Industrial Nat'l Bank v. Isele, 101 R.I. 734, 737, 227 A.2d 203, 205-206 For the reasons indicated, the defendant's appeal is denied and dismissed, and the case is remitted to the Supe......
  • Request a trial to view additional results
12 cases
  • Advisory Opinion (Chief Justice), In re, No. 85-471-M
    • United States
    • United States State Supreme Court of Rhode Island
    • April 4, 1986
    ...written request of the Governor or (not and) of either House of the General Assembly. Industrial National Bank of Rhode Island v. Isele, 101 R.I. 734, 737, 227 A.2d 203, 206 (1967). We are constitutionally obligated to give advisory opinions to either House of the General Assembly only when......
  • Watson v. Fox, No. 2009–215–Appeal.
    • United States
    • Rhode Island Supreme Court
    • May 22, 2012
    ...In re Advisory Opinion (Chief Justice), 507 A.2d 1316, 1318 (R.I.1986) (citing Industrial National Bank of Rhode Island v. Isele, 101 R.I. 734, 737, 227 A.2d 203, 206 (1967)). “We are constitutionally obligated to give advisory opinions to either House of the General Assembly only when the ......
  • Industrial Nat. Bank of R. I. v. Isele, Nos. 1011-A
    • United States
    • United States State Supreme Court of Rhode Island
    • January 29, 1971
    ...and only then to hold an evidentiary hearing and to resolve the conflicts on the fatherhood question. Industrial National Bank v. Isele, 101 R.I. 734, 227 A.2d 203. After the Superior Court had complied with out mandate, the causes were ready for entry of final decrees, and were certified t......
  • Nocera v. Lembo, No. 1700-A
    • United States
    • United States State Supreme Court of Rhode Island
    • January 9, 1973
    ...of these circumstances defendant's contention does not raise a justiciable issue and need not be answered. Industrial Nat'l Bank v. Isele, 101 R.I. 734, 737, 227 A.2d 203, 205-206 For the reasons indicated, the defendant's appeal is denied and dismissed, and the case is remitted to the Supe......
  • Request a trial to view additional results

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