Young v. Paquette

• Decision Date: 06 May 1960
• Citation: 167 N.E.2d 308,341 Mass. 67
• Parties: Frances B. YOUNG v. Milija PAQUETTE et al. Julia BOSAK v. Frances B. YOUNG et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

Page 308

167 N.E.2d 308

341 Mass. 67

Frances B. YOUNG v. Milija PAQUETTE et al.

Julia BOSAK v. Frances B. YOUNG et al.

Supreme Judicial Court of Massachusetts, Bristol.

Argued Feb. 2, 1960.

Decided May 6, 1960.

Solomon Rosenberg, New Bedford (George H. Young, New Bedford, with him), for Frances B. Young and another.

Charles R. Desmarais, New Bedford, for Julia Bosak.

Before WILKINS, C. J., and SPALDING, WILLIAMS, WHITTEMORE, and CUTTER, JJ.

WHITTEMORE, Justice.

These appeals from two decrees of the Probate Court of Bristol County present a dispute over the beneficial ownership of two parcels of real estate in New Bedford, one on Blackmer Street, the other on Allen Street. The principals are Julia Bosak and her daughter Frances, formerly married to one Kaczmarek, and now the wife of Mr. George H. Young. Frances, on September 12, 1956, filed a petition for partition alleging cownership of the two parcels with her sister, Milija Paquette. Julia was allowed to intervene. On November 24, 1958, Julia brought a petition in equity against Frances and George seeking a decree of reconveyance of the parcels to Julia on allegations that Julia had purchased the parcels with her own money, that Julia and Frances both intended that the properties belong only to Julia, and that title and been taken jointly with Frances due to mistake or fraud.

After hearing evidence, which is reported, the probate judge on December 22, 1958, dismissed the petition for partition on the ground that the parties did not hold the land as tenants in common. Also on that date the judge entered a decree in the equity case, which included findings. In the decree the judge ruled that the titles to the two parcels had always been in Julia, ordered Frances and George to sign all necessary instruments to transfer all their alleged rights and interests therein, and ordered Julia to reimburse Frances in the sum of $1,265.60 and interest for repairs and improvements paid for by Frances.

The judge found in respect of the Blackmer Street parcel that Julia purchased and maintained it with her own funds, that Frances at all times considered it to be entirely Julia's property, that Julia at one time intended 'to allow * * * Frances * * * to benefit by receiving this property at her death,' but later changed her mind. The findings in respect to the Allen Street parcel were that Julia purchased it with her funds, executed a deed transferring it to Julia and Frances in joint tenancy with right reserved in Julia to collect all rents during her lifetime, that Julia and Frances at all times understood that it was the property of Julia, that Julia and Frances resided in the house and Frances made improvements and repairs expecting the property to become hers at Julia's death, that Julia 'changed her mind about this,' and that Julia would be unjustly enriched unless Frances was reimbursed. It was also found that Julia 'executed the deeds to both parcels * * * without a full and adequate understanding of the significance of a joint tenancy.'

Frances has appealed from the decree dismissing the petition for partition; Frances and George have appealed from the decree ordering conveyance; and Julia has appealed from the latter decree in so far as it orders a payment to Frances.

The evidence shows that Julia conveyed to Milija Paquette on June 25, 1956, and that Milija reconveyed her interest to Julia on November 20, 1958. Both deeds bore the notation that no stamps were required.

The voluntary inclusion in the decree of some findings does not bar the application of the rule that the decree imports the finding of every fact, so far as the evidence permits, which is necessary to support it and is not inconsistent with the facts found. Klefbeck v. Dous, 302 Mass. 383, 387-388, 19 N.E.2d 308; Carmichael v. Carmichael, 324 Mass. 118, 119, 85 N.E.2d 229; Birnbaum v. Pamoukis, 301 Mass. 559, 562, 17 N.E.2d 885. We are to decide the case on our own judgment of the evidence, accepting the express and implied findings unless plainly wrong. Artemis v. Malvers, 322 Mass. 136, 137, 76 N.E.2d 3; Cowden v. Cutting, Mass., 158 N.E.2d 324.

We notice first the evidence of facts which do not appear to be in dispute or which we think are established by the evidence.

Frances graduated from high school in 1932 and went to work. She lived with Julia until her marriage to Kaczmarek in 1944. That marriage failing in 1946, Frances returned home with an infant son; Julia agreed to take care of the infant and Frances to work and pay expenses. Frances remained with her mother until Frances's marriage to Mr. Young on March 23, 1954. After Frances's marriage in 1954, the Youngs and Julia lived in Westport, Julia occupying a cottage adjoining Mr. Young's house. Julia remained there until she left suddenly in early 1955 after a falling out with her daughter and son-in-law.

The property on Allen Street was purchased in the joint names of Julia and Frances in 1940. The Blackmer Street property was purchased by Julia in 1955 after the falling out, and was transferred into joint ownership in June, 1955, in an adjustment of Frances's claims in respect thereto and to proceeds of a loan made to Mr. Young in 1950. That loan had been made in greater part from the joint savings account of Julia and Frances. It is necessary to look at these and related transactions in some detail.

THE JOINT SAVINGS ACCOUNT.

Julia did not work away from home regularly after 1932, except for a period during the second world war. In 1932, Julia caused Frances's name to be added to Julia's savings account, in which there was at the time between $250 and $300. Since then the account has stood in the names of 'Julia Bosak or Frances Bosak payable to either or the survivor.' From 1932 until 1944, Frances turned over at least some of her earnings to Julia and took to the bank for deposit in the joint account sums which Julia put in her hands for that purpose.

JOINTLY HELD REAL ESTATE 1939-1954.

On January 9, 1939, Julia's house in Westport was exchanged for a house on Penniman Street, New Bedford. Title to the latter property was taken in the names of Julia and Frances as joint tenants, the property was rented, the rents collected by Frances, paid over to Julia, and, in part at least, deposited in the joint account. Julia and Frances in 1939 and much of 1940 lived in rented premises, but shortly after August 24, 1940, they moved into the Allen Street property, having on that day taken title in their joint names, subject to two mortgages which the grantees assumed and agreed to pay. No payments on the mortgages were made from the joint account. Frances, except for the years 1944 to 1946, continued to live with Julia in the Allen Street house until her marriage in 1954. In July, 1954, Julia and Frances gave a lease of the Allen Street house for a five year term. The rent under that lease, until about the time of the falling out in 1955, was collected by Mr. Young and paid over by him to Julia.

On September 7, 1946, because of divorce proceedings, Frances and Kaczmarek conveyed to Julia the jointly held properties on Penniman Street and on Allen Street. Frances understood that Julia made a will about that time to protect her. Also on September 7, 1946, the Penniman Street property was sold by Julia's deed, the balance due on the mortgage was paid, and the net proceeds of $4,427.09 were deposited in the joint account. Mr. Young acted for Julia and Frances in these transactions having been advising Julia for some time. Eight years later, on April 12, 1954, Julia, through a straw, reconveyed the Allen Street property to herself and Frances as joint tenants, Mr. Young handling the transaction for his wife and for Julia.

THE LOAN TO GEORGE H. YOUNG IN 1950.

On June 7, 1950, Mr. Young and his then wife gave two mortgages to Julia, on real estate which does not otherwise concern us. These were to secure a loan of $7,000 of which $6,000 came from the joint account of Julia and Frances, and $1,000 came later from Julia's cash. On the same day the mortgages were assigned to Frances B. Kaczmarek by an instrument written in longhand by Mr. Young. Under date of March 21, 1952, Mr. Young, then unmarried, remortgaged the property to Julia Bosak and Frances B. Kaczmarek, 'the survivor to have the full beneficial interest.' The five year note of that date ran to them with the same statement of survivor's right. None of these mortgages was recorded. Frances received all the papers when they were executed.

THE BLACKMER STREET PURCHASE AND SUBSEQUENT ACTION.

After leaving Mr. Young's property, Julia, on April 23, 1955, demanded of Frances, and received through an attorney, the joint savings account book, which Frances had held for some time, and the outstanding instruments concerning the 1950 loan to Mr. Young. Julia, on May 14, 1955, bought the Blackmer Street property, paying $1,720.72 from the joint account (leaving $1 therein) and giving a $3,000 mortgage to a savings bank.

Julia about this time also demanded payment of Mr. Young's mortgage because she needed the money in connection with the Blackmer Street purchase. Frances then sought to persuade her mother to put the Blackmer Street property in joint ownership as neither she nor Mr. Young wished to have the latter pay the loan until and unless it was settled that Frances's claimed interest in the proceeds of the joint account was recognized. Frances told Julia that the $7,000 was 'going to be split as joint tenants.' Julia declined to transfer the property and Frances sought the help of the third sister, Stephaney Gagne, and made several visits in her effort to secure a deed. Frances gave her mother $10 to go to a lawyer. Julia consulted Mr. Frank Farin, who spoke with her in Polish. Frances thereafter spoke with Mr. Farin and told him she wanted a deed in joint ownership.

On June 20, 1955, Julia by deed to which Mr. Young affixed stamps, 'representing the equivalent of...