Pearce v. Cochrane, 2987

• Decision Date: 29 November 1962
• Docket Number: No. 2987,2987
• Citation: 186 A.2d 68,95 R.I. 207
• Parties: Grace C. PEARCE, Guardian v. Henry C. COCHRANE et al. Eq.
• Court: Rhode Island Supreme Court

Page 68

186 A.2d 68

95 R.I. 207

Grace C. PEARCE, Guardian v. Henry C. COCHRANE et al.

Eq. No. 2987

Supreme Court of Rhode Island.

Nov. 29, 1962.

Fergus J. McOsker, Providence, for complainant.

Robert T. Flynn, Providence, for respondents.

FROST, Justice.

This is a bill in equity brought by a guardian against her ward and the ward's wife. It was heard in the superior court on bill, answer and proof and thereafter a decree was entered granting the first two prayers and denying the third prayer. The complainant has appealed from the decree and her reason of appeal relates to that portion of the final decree wherein the trial justice denied the third prayer of the bill which reads as follows: 'That the said Jessie Mae Trayner also known as Jessie Mae Cochrane be enjoined and commanded to give up residence at the home of the said Henry C. Cochrane.'

The bill states that complainant by decree of the probate court of the town of Johnston was appointed guardian of the person and estate of her brother, respondent Henry C. Cochrane, and qualified as such on November 10, 1942; that respondent Jessie claims to be the wife of respondent Henry by reason of a marriage ceremony performed on June 10, 1959 in the town of Seekonk, Massachusetts; and that respondent Henry is under the complete domination and control of respondent Jessie to the extent that he refuses to comply with the reasonable requests of complainant, particularly concerning his physical and mental welfare.

It is also alleged in said bill that complainant has been obliged to seek hospitalization for her ward at the Naval Hospital in Newport to which he was moved on July 20, 1959; that the diagnosis at that time was infarction of myocardium from which he recovered; that he was discharged on August 19, 1959; that complainant was unable to control the movements of her ward; and that through the improper actions of respondent Jessie she has been unable to properly exercise her duties as guardian.

The complainant alleges further that respondent Henry is a chronic paranoid schizophrenic of mild severity and with moderate impairment; that he has failed to keep appointments with doctors due to the unlawful acts of respondent Jessie; that the supposed marriage ceremony was a planned and calculated evasion of the laws of this state and was in direct defiance and against the consent of complainant; and that respondent Jessie contrary to the orders of complainant as guardian refuses to remove herself from the property of the ward and has caused the locks thereon to be changed so that admittance thereto is no longer possible to complainant.

From the evidence it appears that because of respondent Henry's excessive drinking he had complainant appointed as his guardian on November 10, 1942. At some time in 1957 respondent Jessie came to live at respondent Henry's house as his housekeeper. On June 10, 1959 they were married in Seekonk, Massachusetts. No question of the legality of the marriage is raised although respondent Henry did not seek the permission of his guardian for his marriage and the evidence indicates that she was opposed to it of various reasons. Thereafter there was more or less conflict between respondent Jessie and complainant. The house in Johnston where respondent Henry lived belonged to him but he was under guardianship both as to his person and his estate.

In her appeal complainant seeks to have respondent Jessie enjoined from residence in the home of her husband. The trial justice denied her prayer. In his decision he states: 'After the marriage the respondents, acting in concert, have made it impossible for complainant to do her duty as Guardian,' and then, 'The respondents being lawfully married, the...