[Download] "Kerwin v. Donaghy Et Al. Donaghy Et Al. V." by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free

eBook details

Title: Kerwin v. Donaghy Et Al. Donaghy Et Al. V.
Author : Supreme Judicial Court of Massachusetts
Release Date : January 01, 1945
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 80 KB

Description

LUMMUS, Justice. The widow of William J. Kerwin, late of New Bedford, brought this petition in equity in the Probate Court under G.L.(Ter.Ed.) c. 230, § 5, as amended (Walsh v. Mullen, 314 Mass. 241, 50 N.E.2d 1), against his daughter Gladys M. Donaghy and the executors of his will (the executors having refused to bring suit) to recover for the estate a large number of stocks, bonds and deposits in banks, standing in the name of or held by the respondent Gladys M. Donaghy, but owned, it was alleged, by the estate of William J. Kerwin. One of his two sons, Ernest W. Kerwin, intervened, and jointed with the widow in seeking relief against Gladys M. Donaghy. The Probate Court, on May 28, 1943, entered a decree ordering the respondent Gladys M. Donaghy to transfer and deliver the stocks, bonds and bank deposits in question to the executors of the will of William J. Kerwin. She appealed. The case comes here upon a report of the evidence, with a finding of material facts. William J. Kerwin died on April 20, 1941, leaving as his widow his second wife, Lillian A. Kerwin, whom he had married on February 15, 1926, when he was fifty-seven years old and she was thirty-nine. They had no children. She was a widow with a young son when they married. William J. Kerwin left three adult children by his first marriage, Harold E. Kerwin, Gladys M. Donaghy, and Ernest W. Kerwin. The eldest son, William J. Kerwin, Junior, had died about a year before his father, leaving a widow, Estelle C. Kerwin, but no issue. Gladys was unmarried when her father married the second time, and lived with her father and his second wife until she herself married one Paul A. Donaghy in July, 1926.