Theodore v. Theodore
| Court | United States State Supreme Judicial Court of Massachusetts |
| Citation | 356 Mass. 297,249 N.E.2d 3 |
| Parties | Anna THEODORE v. Stephen E. THEODORE et al. (and a companion case between the same parties). |
| Decision Date | 26 June 1969 |
Page 3
v.
Stephen E. THEODORE et al. (and a companion case between the
same parties).
Decided June 26, 1969.
Richard J. Cotter, Jr., Quincy, for respondents.
Jules E. Angoff, Boston, for petitioner.
Before WILKINS, C.J., and WHITTEMORE, CUTTER, SPIEGEL and REARDON, JJ.
SPIEGEL, Justice.
These are two petitions in equity brought in the Probate Court by the widow of one Savvas E. Theodore. One petition is against the executors of his estate and against the trustees of the 'Theodore Family [356 Mass. 298] Trust.' The other petition is also against the executors and against the trustees of the 'Stephen E. and George S. Theodore Family Trust.' In each case the petitioner sought a determination that the trust was 'void as to her rights to share as * * * (the testator's) widow in his estate.' The cases were heard together and a final decree was entered in each favorable to the petitioner. The cases are here on the respondents' appeals. The judge made a report of material facts and the evidence is reported.
Page 4
We state the pertinent facts contained in the judge's report, although some of these facts do not appear to us to be supported by the evidence. The testator and the petitioner, his second wife, were married in February, 1951. The respondents are the two sons of the testator 'by his first wife,' from whom he was divorced. After the testator's marriage to the petitioner they lived together for a few months and 'were thereupon embroiled in domestic litigation.' They separated in June, 1952, and on July 1, 1952, she filed a petition for separate support, obtaining an order for temporary support. '(T) here were many probate court proceedings between them thereafter; with increasing orders for her support.'
'The records of the Registry of Deeds show that on October 1, 1952, the * * * (testator) executed a Declaration of Trust, naming himself as trustee and giving to himself complete control as such trustee for his sole benefit during his lifetime, with full powers to him alone, to revoke, amend or alter it; that * * * by an amendment he named his two sons * * * as succeeding trustees * * *.'
'That on April 5, 1956, he executed another Declaration of Trust identified as the 'Stephen E. and George S. Theodore Family Trust' by which he also reserved only to himself full control with full powers for his sole benefit during his lifetime.'
The testator 'never had any real or personal property or money standing in his name individually...
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