Rhode Island Hospital Trust Nat. Bank v. Boiteau

• Court: Rhode Island Supreme Court
• Writing for the Court: KELLEHER
• Citation: Rhode Island Hospital Trust Nat. Bank v. Boiteau, 376 A.2d 323, 119 R.I. 64 (R.I. 1977)
• Decision Date: 01 August 1977
• Docket Number: No. 75-200-A,75-200-A
• Parties: RHODE ISLAND HOSPITAL TRUST NATIONAL BANK, Executor, et al. v. Helen BOITEAU et al. ppeal.

Page 323

376 A.2d 323

119 R.I. 64

RHODE ISLAND HOSPITAL TRUST NATIONAL BANK, Executor, et al. v. Helen BOITEAU et al.

No. 75-200-Appeal.

Supreme Court of Rhode Island.

Aug. 1, 1977.

[119 R.I. 69] Omar A. Sutherland, Joseph Di Gianfilippo, Robert Hope Larder, Woonsocket, for plaintiffs.

William J. Peotrowski, Jr., Anthony DeSimone, Providence, for defendants.

OPINION

KELLEHER, Justice.

This is essentially a suit in equity to quiet title to certain real estate brought by the Rhode Island Hospital Trust National Bank (the bank) as executor under the will of Hazel Moses Petrin and by Thomas N. and Geraldine C. Comella, who purchased a portion of the real estate in question from the bank. The defendants-appellants are the decedent's three sisters, Doris Issa, Helen Boiteau, and Mary Cassidy. The trial justice granted the bank's motion for summary judgment, and the sisters have appealed. Having concluded that there was no error, we affirm the judgment below.

As we have said innumerable times before, when a trial justice is passing on a motion for summary judgment, the only question before him or her is whether there is a genuine issue as to any material fact which must be resolved. O'Connor v. McKanna, 116 R.I. 627, 359 A.2d 350 (1976). If an examination of the pleadings, affidavits, admissions, answers to interrogatories, and other similar matters, viewed in the light most favorable to the opposing party, reveals no such issue, then the suit is ripe for summary judgment. Harold W. Merrill Post No. 16 Am. Legion v. Heirs-at-Law, Next of Kin and Devisees of Smith, 116 R.I. 646, 360 A.2d 110 (1976); O'Connor v. McKanna, supra ; Kurland Auto Leasing, Inc. v. I.S.K. of Massachusetts, Inc., 111 R.I. 730, 306 A.2d 839 (1973).

With these general principles in mind, we turn now to the record before us which, in our opinion, makes this an appropriate instance for granting the motion. Because the circumstances surrounding the suit and the record itself are rather confusing, we shall go into some detail. For ease and simplicity we shall refer to the parties by their first names and proceed chronologically.

In 1950 Henri Petrin owned real estate which is situated partly in the town of Burrillville and partly in the town of Glocester and located on both the east and west sides of Cooper Hill Road. The eastern parcel was approximately 3.5 acres, and the western parcel was in excess of 25 acres. Shortly before Henri married Hazel, he deeded the property to Hazel and himself as joint tenants. Approximately 6 years later Henri died. In 1960 Hazel apparently deeded all the property to her father, Louis Moses, who in turn deeded the property back to Hazel and himself as joint tenants. Later, in 1964 he executed a quit-claim deed as to all the property, naming Hazel as grantee. This deed was duly recorded and purports to have been executed in Woonsocket (the 1964 deed). Approximately 6 years later Hazel deeded 1.69 acres on the westerly side of Cooper Hill Road to her sister, Helen. About a month later Hazel died, leaving a will in which she devised and bequeathed all her property, including the Cooper Hill Road real estate, in trust for her two minor sons, naming Helen guardian of one and Doris guardian for the other.

Within a year of Hazel's death, the bank determined that the eastern parcel should be sold and accordingly had the title searched. During the search a cloud on title appeared when it was discovered that the 1964 deed had an acknowledgement which indicated that Louis executed the deed in Woonsocket even though he was at that time actually living in Syria. Discussions between the bank and the sisters led to Louis' return from Syria, apparently with the hope that the cloud could be removed and the title cleared.

Thereafter, there were several meetings involving Louis, his daughters, and the bank. These meetings are the cause of some dispute. The bank has claimed that on October 29, 1971, there was a meeting in Woonsocket attended by Louis, his wife Rose, and daughters Helen, Mary, and Doris, a bank trust officer, and the attorney for the estate. The bank and the attorney, in affidavits supplied in support of the summary judgment motion, aver that at the meeting Louis and his wife, for the consideration of $3,000, knowingly and willingly executed a deed dated October 29, 1971, in which they quitclaimed all their interest in the property to the bank. This deed was not recorded until May 1972.

However, in November 1971 Louis executed a deed (the November deed), in which he conveyed to his three daughters all of his interest in the Cooper Hill Road property except "the two (2) said houses on said...