Madden v. Madden (In re Madden's Estate)

• Decision Date: 27 June 1932
• Citation: 181 N.E. 771,279 Mass. 417
• Parties: MADDEN v. MADDEN et al. In re MADDEN'S ESTATE.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

279 Mass. 417

181 N.E. 771

MADDEN

v. MADDEN et al.In re MADDEN'S ESTATE.

Supreme Judicial Court of Massachusetts, Middlesex.

June 27, 1932.

Appeals from Probate Court, Middlesex County; C. N. Harris, Judge.

Suit by Ruth E. Madden, executrix and trustee under the will of Bridget T. Madden, deceased, against Charles J. Madden, John W. Brennan, guardian of Charles J. Madden, and others. From the decree John W. Brennan, individually, and the Attorney General appearing for the Department of Mental Diseases, separately appeal.

Appeals dismissed.

P. F. Shaughnessy, of Marlboro, for petitioner.

E. T. Simoneau, Asst. Atty. Gen., for Department of Mental Diseases.

FIELD, J.

Bridget T. Madden died November 23, 1926, leaving a will which provided as follows: ‘I give, devise and bequeath all of my real and personal property, consisting principally of the farm where I live and the house and barn and other buildings thereon and the furniture and fixtures and the cattle and other personal property thereon, to my daughter, Ruth E. Madden, in trust, nevertheless, for her support and for the support and maintenance of my son, Charles J. Madden, during his natural life, and I direct my said daughter, Ruth E. Madden, to take possession of all of my said property at my death and carry on the farm as I have been doing with the assistance of my said son, Charles J. Madden, and to use the income thereof for his and her support during his lifetime, and to pay the taxes, insurance and the interest on the mortgage on my said property and to do all the other things necessary to carry on said farm, so that my said son, Charles J. Madden, will have his maintenance and support out of the proceeds of said farm during his natural life, and if my said daughter, Ruth E. Madden, finds she is unable to carry on my said farm at a profit so as to support herself and said Charles J. Madden, from the income thereof, then I authorize and direct my said daughter, Ruth E. Madden, to sell my said property, both real and personal, * * * and to invest the proceeds thereof and use the income thereof, and so much of the principal as is necessary for the support and maintenance of my said son, Charles J. Madden, during his life, and at his death this trust is to terminate, and what remains of my property at the death of my said son, I give, devise and bequeath in four equal shares to my three children, William F. Madden, Sarah A. Casey, and Ruth E. Madden, and to John F. Good, who lived with me from the time he was two years old until he married. * * * I purposely give and bequeath to my children, as herein provided, and I provide especially herein for my son, Charles J. Madden, because he is unable to provide for himself.’

This is a petition in equity brought in the Probate Court by Ruth E. Madden, executrix and trustee under the will of Bridget T. Madden, against Charles J. Madden, Sarah A. Carver, formerly Sarah A. Casey, John F. Good, William F. Madden and John W. Brennan, ‘guardian of said Charles J. Madden who is an insane person,’ alleging them ‘to be all the parties interested in the matter of said petition,’ wherein the petitioner alleges the allowance of the will of the testatrix, and alleges further that ‘On Jan. 19, 1927, while * * * [the petitioner] was in possession of said farm and carrying it on with said Charles J. Madden, said Charles J. Madden was arrested * * * for assault * * * and * * * the Court ordered that he be examined * * * as to his sanity, as provided by law, and after he was examined, he was committed on Jan. 20, 1927, to the Westborough State Hospital, as an insane person, and he has remained there ever since, he being now thirty-eight years old, and after his arrest and commitment * * * [the] petitioner found that she was unable to carry on said farm, as authorized by the terms of said will and she sold said farm * * * and invested the proceeds thereof, less the expenses of the sale and probate of the will and her support and the support of said Charles J. Madden and other expenses, as stated in her account as executrix, * * * leaving a balance of $5457.53 * * * in her hands when she was appointed Trustee under said will July 30, 1930; and John W. Brennan was appointed Guardian of said Charles J. Madden June 9, 1930 and the Commonwealth of Massachusetts has presented a bill to said Guardian for the support of said Charles J. Madden at said State Hospital from Jan. 20, 1927 to July 1, 1930 amounting to $1258, and said Guardian has requested the said Trustee, Ruth E. Madden, to pay said $1258 to him for the Commonwealth and also to pay $35 for the expenses of the petitioner allowed by the court for filing the petition for the appointment of said Guardian and $24 for the surety on the bond of said Guardian and for the other expenses of said Guardian since his appointment.’ The petitioner prays ‘that she be instructed * * * as to whether she must pay under the Trust created by said will said $1258 to said Guardian for said Commonwealth, and whether she must also pay the expenses of the appointment of said Guardian as ordered by the Court, and must pay said $24 for the surety on said Guardian's bond and the other expenses of said Guardian since his appointment, as aforesaid.’

No answer was filed by Charles J. Madden or by the residuary legatees and devisees under the will.

John W. Brennan ‘as he is Guardian of Charles J. Madden, an insane person,’ filed an answer admitting the truth of the allegations of the petition and alleging further that since his appointment ‘he has received no principal or income belonging to his said ward under the trust created by the Will of his Mother, the late Bridget T. Madden * * * and that no funds have been received by him for his said ward from any source,’ that ‘the Department of Mental Diseases for the Commonwealth of Massachusetts' has presented to him ‘a bill for the care and maintenance of the said Charles J. Madden’ from January 20, 1927, to July 1, 1930, amounting to $1,258, that said department has requested him to pay that amount and that he ‘desires to pay Department * * * for the maintenance of said Charles J. Madden’ for the period in question ‘if the same can legally be done, and if his care at said Hospital is deemed to be maintenance as set forth under the terms of said Will.’

A decree was entered reciting that ‘notice has been given all parties interested,’ and that the petition has been ‘taken for confessed as against William F. Madden, Charles J. Madden and John W. Brennan, guardian of said Charles J. Madden for failure to answer and as against Sarah A. Carver and John F. Good for failure to appear and answer and said guardian later answered by leave of Court,’ and decreeing ‘that it is not the duty of said petitioner to apply either the income or principal of the fund held in trust by her for the benefit of Charles J. Madden and others to the payment of said sum of $1258 for his board at the WestboroughState Hospital, nor to the payment of the expense of procuring the appointment of a guardian for said Charles J. Madden, nor to the payment of the expense of procuring a surety on the bond of said guardian or other expenses.’

Appeals from the decree were filed by the ‘Attorney General * * * appearing for the Department of Mental Diseases,’ though neither the attorney general nor the department of mental diseases was named as a party to the proceeding, and by John W. Brennan as ‘guardian of Charles J. Madden * * * an insane person.’

1. The appeal by the ‘Attorney General * * * appearing for the Department of Mental Disease,’ cannot be maintained, since the appellant is not a ‘person aggrieved’ by the decree within the meaning of G. L. c. 215, § 9.

The right sought to be protected by this appeal is the right conferred upon the Commonwealth by G. L. c. 123, § 96, as finally amended by St. 1926, c. 274, which provides in part that ‘The price for the support of inmates of state hospitals * * * shall be determined by the department at a sum not exceeding ten dollars per week for each person, and may be recovered of such persons * * * if of sufficient ability. * * * Such action shall be brought by the attorney general in the name of the state treasurer.’ This section provides further that ‘In all proceedings under this section the sworn statement of a person that he is the superintendent of one of said institutions, or keeps or has custody of the records thereof or of the records of the department, and that a certain person has been an inmate of said institution during a certain period of time, or that the price of the support of a certain inmate has been determined at a certain sum by the department, shall be prima facie evidence of the said facts.’

This statute imposes an obligation upon an inmate of a state hospital ‘if of sufficient ability’ to pay for his support therein, and provides a method by which the price of such support may be recovered by the Commonwealth. The statute, however, does not purport to create any special method of procedure for collecting such claims, except as it designates the officer in whose name the ‘action’ is to be brought (compare G. L. c. 12, § 5), and makes certain statements prima facie evidence of facts essential to proof. Whatever...