Morin v. Kirkland

• Decision Date: 15 March 1917
• Citation: 226 Mass. 345,115 N.E. 414
• Parties: MORIN v. KIRKLAND et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

226 Mass. 345

115 N.E. 414

MORIN

v.KIRKLAND et al.

Supreme Judicial Court of Massachusetts, Middlesex.

March 15, 1917.

Report from Superior Court, Middlesex County; Wm. Hamilton, Judge.

Action by Mary Morin against Samuel Kirkland, executor, and others. Decree ordered in accordance with the first finding, and case reported to this court. Reversed and remanded.

Frederic A. Fisher, of Lowell, for plaintiff.

McIntire & Wilson, of Lowell, for defendants.

CARROLL, J.

The plaintiff on March 8, 1907, married James Kirkland, who had falsely represented to her that he was unmarried; and the plaintiff, relying upon the statement, supposed it to be true. They lived together in Lowell from this time until his decease in July, 1913. Previously, in 1890, Kirkland had married Mary Grady, and one of the defendants, Samuel W. Kirkland, is a child of this marriage. This marriage was never annulled, and the wife was living at the time of her husband's death. Until his death, the plaintiff did not know of his former marriage, and she lived with him in the full belief that he was her lawful husband.

At the time of his marriage to the plaintiff they were employed in a mill, and continued in this employment until about four months before Kirkland's death, when he became ill and left; about two weeks later the came ill and left; about two weeks later the plaintiff also left the mill, in order to care for him. From the time of this marriage until his death they maintained a home, and in addition to her labor in the mill she assumed the full management of the house and did all the housework. During this time her wages averaged $10 per week, and he received $11.10 to $18 per week. He paid to her for household expenses each week, for a period of 13 weeks, $8, and thereafter, as long as he was able to work, $10. These payments were no more than sufficient for the expenses of the home and amounted in all to the sum of $2,878.

On the day after the marriage ceremony, the plaintiff paid to Kirkland $700, relying upon his promise to deposit the same in the bank in his name. Of this sum, he deposited $637.36 to the credit of an account standing in his name, which at that time amounted to $162.64. Later, in June, 1908, he withdrew $200 from this deposit.

In February, 1909, a dwelling house was purchased and the title taken in Kirkland's name. The property was subject to a mortgage of $1,800. A cash consideration of $1,032.25 was paid, $230,65 of which came from a fund contributed to by the wages of the plaintiff and money received by her for the household expenses, and the remainder from the bank deposit standing in the name of Kirkland.

The amount expended in the purchase and maintenance of the real estate and in part payment of the mortgage was $3,615.24. During the time they lived together, the plaintiff mingled her wages with the money received for household expenses, and after the purchase of the real estate, the money received for rents was added to this fund. It was retained by her for a time and then deposited in the bank in his name. He contributed nothing to it except the weekly payments for household expenses. The sum of $172.39 (his deposit in the bank at the time of the marriage, with interest thereon), which had been withdrawn at the time of the purchase, was afterward used by him in paying for alterations on the house.

From this fund and the deposit in the savings bank, all the living expenses were paid, as well as the taxes, repairs, and $800 in reduction of the mortgage; also $260 were drawn by the plaintiff for her clothing, and Kirkland received sums ‘for the further purchase of clothes for himself and his natural son (not defendant Samuel W. Kirkland) amounting in all to $500.’

This natural son made his home with the plaintiff and Kirkland, for about eight months each year from February, 1909, to the time of his father's death; and his presence increased the family expenses $400. When Kirkland became ill this fund amounted to several hundred dollars, and all of it was used during his life, in payment of the household expenses and the expenses of his illness. The master found that Mary Morin contributed to the fund her wages, amounting to $3,015,...