Sullivan v. Sullivan

Kathleen Juliet McDonough died in 1984. Kathleen’s will left her estate to her sister Helen McDonough Cooper. If Helen predeceased Kathleen, Kathleen’s estate would go to her nephews Marshall John McDonough, Jr., and David Condon McDonough (plaintiff) and to her niece Martha McDonough Sullivan (plaintiff) in equal shares, one-third each. Marshall, David, and Martha, who were siblings, regularly visited Kathleen. Kathleen had two other nieces, Helen Jones and Corrine Austin (collectively, Kathleen’s other nieces) (defendants), but they lived far away and rarely saw Kathleen due to a family feud. Marshall and Helen (Kathleen’s sister) predeceased Kathleen. After Kathleen’s death, David and Martha filed suit against Martha in her capacity as executor (defendant) and Kathleen’s other nieces, seeking a declaration that the gift to them was a class gift and not to them as individuals. If the gift was to Marshall, David, and Martha as individuals, Marshall’s gift would lapse and his one-third share would pass to Kathleen’s heirs according to intestate succession, which would include Kathleen’s other nieces. At trial in the probate court, Kathleen’s other nieces argued that no extrinsic evidence regarding Kathleen’s will was admissible because the will was unambiguous. Although the judge later denied Martha and David’s motion in limine to submit evidence of Kathleen’s intent, he did permit witnesses to testify on Martha and David’s behalf regarding Kathleen’s intent. Nonetheless, the trial court determined that the will was unambiguous and the bequest to Marshall, David, and Martha was to them as individuals, not a class gift. Martha and David appealed.