Kerwin v. Donagh

59 N.E.2d 299 (1945)

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Nature of the Case

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Facts

Kerwin died on April 20, 1941, leaving his second wife, Lillian Kerwin (P) as his widow. Kerwin also left three children by his first marriage and an estate worth about $500,000. In 1928, Kewin executed a will which was probated. P filed a waiver of the will and claimed an interest in the estate that she would have received if Kerwin died intestate. During the proceedings, it was discovered that Kerwin carried much of his property in the names of his children in a scheme to defraud the federal government. Evidence showed that when Kerwin wanted access to his hidden assets his children willingly complied despite a paper trail that indicated Kerwin has no interest in any of the properties. A trust agreement was entered into evidence showing that Gladys Kerwin was the trustee with Kerwin getting a life estate in the properties. Kerwin reserved the right to alter the agreement. The Probate Court issued a decree ordering Gladys to transfer and delivery all the assets in question. Gladys (D) appealed.