Court: Supreme Court of Rhode Island; June 4, 1985; Rhode Island; State Supreme Court
On appeal from a Superior Court judgment dated August 3, 1982, William H. Cheetham (former husband) asserted claims against Marie A. Cheetham (former wife) regarding a civil action and two probate appeals. The court had previously addressed the Cheetham case on two occasions, resulting in a remand for a hearing on the merits related to their joint ownership of a mortuary business and associated real estate. The trial justice conducted further hearings and concluded the following:
1. William H. Cheetham executed a power of attorney for Marie A. Cheetham on June 30, 1967, allowing her to conduct business on his behalf without undue influence.
2. He was not wrongfully excluded from his home and business since 1968; his exclusion stemmed from mental illnesses requiring medical treatment and judicial orders that barred him from the premises.
3. He had no claim for false imprisonment or illegal confinement, as allegations of a conspiracy by his former wife were not supported by credible testimony.
4. The jointly owned real estate should be partitioned at Marie A. Cheetham's request due to their divorce and inability to jointly use the property. A commissioner was appointed to sell the property and divide the proceeds.
5. William H. Cheetham transferred a one-half interest in the funeral business to his wife on July 5, 1965, confirming their partnership. He was entitled to a one-half interest in the business and an accounting of its income from both the partnership and the incorporated entity Cheetham Mortuary, Inc. during specified periods.
The former husband was granted an accounting from Cheetham Realty, which had leased property to a funeral home. The trial court ordered the former wife to assign 50% of her shares in Cheetham Mortuary, Inc. A judgment on November 13, 1979, appointed Seth K. Gifford as commissioner to oversee the sale of the parties' real estate and related matters, including a conservatorship in Probate Court. Gifford sold the property for $100,000 and suggested a distribution of proceeds after expenses. The court also appointed accountant Frederick J. Gaucher, who prepared a detailed report from 1969 to 1980, showing a net income of $20,737, recommending equal distribution to both parties.
At a hearing on July 16, 1982, the trial justice reviewed objections to Gaucher's report and found both the commissioner’s recommendations and the accountant’s report satisfactory. A final judgment on August 3, 1982, mandated payment of fees and distribution of proceeds, from which the former husband appealed on August 23, 1982. The appellate court reiterated that it would not overturn factual findings unless the trial justice was clearly wrong. The court confirmed the trial justice’s acceptance of the reports and found no error in his decisions, dismissing the former husband’s appeal and affirming the Superior Court's judgment. The court noted that while the former husband was entitled to half of the stock in Cheetham Mortuary, no appeal had been made regarding this order, and any enforcement issues should be addressed in Superior Court. The appellate decision did not evaluate the former wife's compliance with the stock transfer order.
