(DOWNLOAD) "Rosman v. Rosman Et Al." by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free
eBook details
- Title: Rosman v. Rosman Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 31, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
RONAN, Justice. The plaintiff seeks an accounting from his wife and daughter for money entrusted by him to his wife from time to time for the purpose of paying their living expenses and of holding the balance for their mutual advantage, and he alleges that the wife has created a trust for the benefit of herself and her daughter out of the plaintiff's contributions. It appears from the master's report that the plaintiff came to this country in 1913, and in 1920 was joined by his wife and two children, with whom he continued to live until August, 1936, when his wife virtually evicted him from his home. The earnings and income of the husband and wife; the contributions made to her by him; the various bank deposits consisting, in part, of monies turned over by him to her, which deposits were made in her own name or that of a trustee or in the name of a fictitious person in order to conceal them from her husband, are all set forth in considerable detail. The master found that the money was entrusted to her in accordance with an understanding between the parties that she was to pay their expenses, and that the balance was to be held for their joint benefit. He further found that the wife had in her possession a joint fund amounting to $6,700 for the benefit of her husband and herself; that he was entitled to one half of this amount, together with interest from August 15, 1936, when she repudiated the trust. Exceptions of both parties to the report were overruled. Both appealed from a final decree ordering the wife to pay the plaintiff $3,350 with interest from August 15, 1936, and costs, and dismissing the bill against Shindler Bernstein without costs. The money was not given to the wife (hereinafter referred to as the defendant) as a gift, settlement or advancement. Her attempts to conceal from her husband the existence of the bank accounts (into which the contributions from him were fully traced by the master) and to put these accounts beyond his reach, if, when she should repudiate the trust, he should seek an accounting, tend to prove his case. Such conduct could be properly considered by the master as an endeavor to escape liability. Portland Gas Light Co. v. Ruud, 242 Mass. 272, 136 N.E. 75; Labrie v. Midwood, 273 Mass. 578, 174 N.E. 214. Both had an interest in the fund which could be expended only for their mutual advantage. It was a trust fund for their joint benefit. Moore v. Mansfield, 248 Mass. 210, 142 N.E. 792; O'Brien v. O'Brien, 256 Mass. 308, 152 N.E. 80; Cram v. Cram, 262 Mass. 509, 160 N.E. 337; Gibbons v. Gibbons, Mass. 4 N.E.2d 1019.