Moore v. Mansfield

• Decision Date: 01 March 1924
• Citation: 248 Mass. 210,142 N.E. 792
• Parties: MOORE v. MANSFIELD.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

248 Mass. 210

142 N.E. 792

MOORE

v.MANSFIELD.

Supreme Judicial Court of Massachusetts, Suffolk.

March 1, 1924.

Appeal from Superior Court, Suffolk County; Frederick J. Lawton, Judge.

Bill in equity by William S. Moore against Mary E. Mansfield to recover money delivered by the plaintiff's deceased wife to the defendant and claimed by the plaintiff as his property. Decree for plaintiff, and defendant appeals. Affirmed.

L. M. Harlow, of Boston, for appellant.

D. M. Lyons, of Boston, for appellee.

CROSBY, J.

This bill in equity is brought to recover the sum of $1,244.14, delivered by the plaintiff's deceased wife to the defendant and claimed by the plaintiff as his property. The case was heard by a judge of the Superior Court who found for the plaintiff, and a final decree has been entered ordering the defendant to repay to the plaintiff the amount with interest and costs. The evidence was taken by a commissioner and is annexed to the record. The case is before us on an appeal by the defendant from the final decree.

The bill alleges that the plaintiff married Rose A. Moore on January 14, 1896; that he lived with her until the date of her death on March 27, 1912; that during the period of their married life he turned over to her from time to time sums of money varying in amounts; that the money so given was to be used for the joint support of both, and for the maintenance of their home, and that sums not needed for these purposes were to be kept by her for him; that the money was deposited in the Westfield Savings Bank in her name, and was charged with a trust in favor of the plaintiff.

There is but little dispute as to the facts. At the date of the marriage the plaintiff's wife had a deposit in the Westfield Savings Bank in her maiden name of Rossey McManus. The account, as appears by the passbook, began with a deposit of $34 on July 28, 1884. At the date of her marrige it amounted to $614. Before and after her marriage various sums on different dates were deposited and withdrawn, and at the date of her death the balance was $1,244.14.

The plaintiff testified that a few days after their marriage his wife withdrew from the bank $300 to pay for household furniture which they had purchased just before the marriage; that he had no money at that time. It appears from the passbook that on January 18, 1896, $300 was withdrawn. He further testified that when he started in business for himself in the fall of 1897, she drew from the account $200 to assist him, and the judge so found. The passbook, however, shows but one withdrawal that fall, which was the sum of $190 on September 14, 1897. The plaintiff also testified that on another occasion his wife drew $25 and gave it to him to help pay his father's funeral expenses; that at other times she withdrew small sums and gave them to him. The book shows that $175 was drawn on October 5, 1898; this is not accounted for. At the time of the marriage and for about three years thereafter they lived in Westfield, and in April, 1899, they moved to Boston and lived there until her death. He was a carpenter, working by the day, during their married life, except for a short time when he was in business for himself. He testified that while residing in Westfield the household bills were paid by him, that he retained a small sum each pay day out of his wages and gave the balance to his wife; that after moving to Boston his wife paid cash for household supplies and that he gave her his wages, first deducting a small sum which he reserved for himself that he ‘gave it to her so that * * * [they] might sometime have a home of * * * [their] own.’

The defendant was a sister of the plaintiff's wife, who was in poor health for some time previous to her death, and on different occasions made long visits at the defendant's house, where she died. The relations between them evidently were very intimate and friendly. On May 20, 1911, while Mrs. Moore was in a hospital in Roxbury, the defendant went to see her and she gave the defendant a written order for the amount of the deposit, to be used by the latter to help in purchasing a house in Springfield. On July 10, 1911 the amount due ($1,244.14) was paid over on Mrs. Mansfield's order as part payment for the house so purchased, and it was agreed between these sisters that when Mrs. Mansfiled became settled in the house Mrs. Moore would go there, which she did in June, 1911, and remained until the following October paying no board. In August or September, 1911, the defendant gave to Mrs. Moore a note for $1,244.14, saying ‘something might happen to me, I might die first.’ In February, 1912, the defendant, at her sister's request, came to Boston and took her to the defendant's house in Springfield where she died March 27, 1912. The trial judge found that a few days before her death she gave the defendant the note; at the time she said, in substance, ‘the lawyer says the will I made is not good against my husband, but I want you to have this money and so I am giving you this note as I want you to have the money. Take the note and destroy it.’ At that time the defendant received and destroyed the note.

In 1899 the deceased made a will in which she left all her estate to Rose A. Mansfield, the defendant's daughter, and named the defendant executrix. The assignment of the deposit, the...