Probate Court of City of Pawtucket v. Williams

• Decision Date: 08 July 1909
• Citation: 30 R.I. 144,73 A. 382
• Parties: PROBATE COURT OF CITY OF PAWTUCKET v. WILLIAMS et al.
• Court: Rhode Island Supreme Court

73 A. 382

30 R.I. 144

PROBATE COURT OF CITY OF PAWTUCKET

v. WILLIAMS et al.

Supreme Court of Rhode Island.

July 8, 1909.

Exceptions from Superior Court, Providence and Bristol Counties; Charles F. Stearns, Judge.

Action by the Probate Court of the City of Pawtucket, for the use of Joseph U. Starkweather, as administrator de bonis non, against George Fred Williams, as executor, and others. Verdict for plaintiff, and defendants except. Judgment ordered for defendants.

Bassett & Raymond (R. W. Richmond, of counsel), for plaintiff.

Gorman, Egan & Gorman, for defendants.

SWEETLAND, J. James O. Starkweather, late of the city of Pawtucket, died on August 5, 1887, leaving a last will and testament, which was duly admitted to probate in said Pawtucket. After providing for certain legacies of small value, the said will provided as follows: "I give, devise and bequeath to my wife, Amey M. Starkweather, all the rest and residue of my personal estate, of whatsoever nature and wheresoever situate, to be used by her, for her own benefit and behoof, for and during her natural life, or so long as she shall remain unmarried, with full power to sell, exchange, invest or reinvest said property in some standard personal security. My said wife is also to have the right to use so much of the principal of said personal property as may be necessary for her support. At the decease of my wife, or whenever she shall marry again, said personal property or so much thereof as shall then remain undisposed of is to be divided equally among all my children or their heirs." The said Amey M. Starkweather was appointed by said probate court executrix of said will, in accordance with the nomination made therein, and letters testamentary were issued to her. The said Amey M. Starkweather, having remained unmarried after the death of James O. Starkweather, died at said Pawtucket, on January 11, 1898, leaving a last will and testament, which was duly admitted to probate in said Pawtucket, and on February 23, 1898, the defendant George Fred Williams, named as executor in said will, was duly appointed such executor, and letters testamentary issued to him. On February 23, 1898, Joseph U. Starkweather, a son of the said James O. Starkweather, was appointed administrator de bonis non with the will annexed of the estate of the said James O. Starkweather, and letters of administration were issued to him.

On August 9, 1898, the said Joseph U. Starkweather, as administrator de bonis non of the estate of James O. Starkweather, filed in the appellate division of the Supreme Court a bill in equity against said George Fred Williams, as executor of Amey M. Starkweather, and against certain other persons. As to the respondents in said bill Other than the said George Fred Williams, the complainant sought no relief. The complainant in said bill in equity averred the bequest in favor of the said Amey M. Starkweather provided for in the will of the said James O. Starkweather; that the complainant believed that large sums of money and other personal property came into the possession of Amey M. Starkweather from the estate of James O., and was held by her under the provisions of the will of James O. during her life; that a very large part of said property remained in her possession at the time of her death; that the complainant, as administrator de bonis non of the estate of James O. Starkweather, had frequently applied to the said George Fred Williams, executor of the said Amey M. Starkweather, to render a statement of what assets, properties, and effects of James O. Starkweather, bequeathed for life to Amey M. Starkweather, had come into the possession of said George Fred Williams, and that the said George Fred Williams had refused to render any such statement. The prayer of said bill was as follows: "Wherefore, as your orator is remediless in the premises, except by the interference of a court of equity, he prays that the said George Fred Williams may be compelled by decree of this honorable court to disclose what assets, properties, and effects of the said James O. Starkweather were taken, held, and received by the said Amey M. Starkweather under the will of her said husband, and what disposition or change in form of investment, if any, the said Amey M. Starkweather made in the same, how much, if any, of the same was used by her as necessary for her support, and that all the assets, properties, and effects of the said James O. Starkweather, so bequeathed to the said Amey M. Starkweather for life, remaining in her hands and possession at the time of her decease, and which may have come into the hands and possession of her said executor since said time, may by decree of this honorable court be transferred, paid over, and delivered to the said Joseph U. Starkweather, administrator de bonis non as aforesaid, to be held by him and disposed of in accordance with the terms of the will of the said James O. Starkweather." The bill further prayed for an injunction restraining the said George Fred Williams from disposing, transferring, or in any way interfering with the assets of the estate of James O. Starkweather that were in the possession of said Amey M. Starkweather at the time of her decease. The respondents demurred to said bill, and the said demurrer was sustained. Starkweather v. Williams, 21 R. I. 55, 41 Atl. 1003.

The complainant was permitted to amend his will by striking out the prayer above quoted and inserting in place thereof the following, in addition to the bill:

"(7) And your orator showeth unto your honors that a large portion of said property consist of specific articles, the same being family relics and heirlooms of the Starkweather family, handed down from different generations, and the said family relics and heirlooms are greatly prized and valued by the children and administrator de bonis non of said James O. Starkweather, who are entitled thereto under the terms of his said will, and who place upon said relics and heirlooms a value far in excess of their intrinsic value, because of the fact that they are family relics and heirlooms, and connected with the history of the Starkweather family as aforesaid, and that no money equivalent would compensate them for the loss of said relics and heirlooms.

"(8) And your orator further avers that said Amey M. Starkweather in her lifetime held the same, to wit, said moneys and personal properties, in trust for the benefit of the legatees of said James O. Starkweather, to wit, his children, whether the same remained in their original condition or have been sold and the proceeds therein reinvested, and that the said moneys and other personal property came into the hands of George Fred Williams, executor of said Amey M. Starkweather, as trustee for said legatees and administrator de bonis non, and that the same are held by him in trust for the benefit of your orator and the said children of James O. Starkweather, and that it is the duty of said George Fred Williams, as such executor, to turn over said assets, property, and effects to your orator, that the same may be received by him and distributed by him in accordance with the will of said James O. Starkweather, and be administered by him in accordance with said will and as administrator de bonis non of said James O. Starkweather.

"(9) And your orator further avers that until he obtains a statement or an account from said George Fred Williams, as executor as aforesaid, of said assets, property, and effects of the said James O. Starkweather so bequeathed for life to the said Amey M. Starkweather, which have come into the hands and possession of said George Fred Williams, as executor as aforesaid, that he cannot file his inventory as such administrator de bonis non of the estate of said James O. Starkweather in the probate court, and that until there shall be an accounting taken of such assets, property, and effects under this bill of complaint, that he will be unable to file such inventory as aforesaid.

"(10) Wherefore, as your orator is remediless in the premises, except by the interference of a court of equity, he prays that an account may be taken of the assets, properties, and effects of the said James O. Starkweather, which were taken, held, and received by the said Amey M. Starkweather under the will of her husband, and what disposition or change in form of investment, if any, the said Amey M. Starkweather made in the same, how much, if any, of the same was used by her as necessary for her support, and that an account may be also taken of the assets, properties, and effects of the said James O. Starkweather so bequeathed for life to the said Amey M. Starkweather, which have come into the hands and possession of said George Fred Williams, as executor of said Amey M. Starkweather, and that in case any of said property, effects, and assets have been sold by said Amey M. Starkweather in her lifetime, and the proceeds reinvested, that an account may be taken of the proceeds of such sales so reinvested by her, which have come into the hands and possession of said George Fred Williams, executor as aforesaid, and that upon the coming in of such an account the said George Fred Williams, executor of said Amey M. Starkweather, shall be ordered and decreed to pay over, convey, and deliver to your orator all of such moneys and properties and effects and assets, including such specific articles, such as relics and heirlooms, which shall be found after the coming in of such an account to be in the hands of said George Fred Williams as such executor, or to be due from the estate of said Amey M. Starkweather to your orator as aforesaid, to be held by the said Joseph U. Starkweather, administrator de bonis non as aforesaid, and disposed of by him in accordance with the terms of the will of the said James O. Starkweather." .

The respondent in said bill, George Fred Williams, in his answer said that he had no personal knowledge of the facts stated in the bill,...