Grace v. Grace
Grace v. Grace
Opinion of the Court
This case is a chapter in an intra-fam-ily dispute that has been the subject of much state court litigation. The present controversy stems from the will of William R. Grace, deceased, which set up a
Plaintiff first objected to this transfer of control (on the grounds of inadequate compensation to the holders of preferred) in 1963 when the Trustees (or their successors) petitioned the Surrogate for a final accounting decree. At that time Special Guardians were appointed to represent unknown and unborn remainder-men, infants and an incompetent beneficiary. Their objections were instigated by and substantially parallel to those of plaintiff. The Surrogate dismissed plaintiff’s objections on the grounds of laches and estoppel because:
“ * * * The unchallenged facts in the instant case are that the objectant, as an individual shareholder, was apprised of the proposed corporate action, as a trustee, he acquiesced in the vote to alter the voting status of the trust stock, as an individual and in the fiduciary capacity in which he now pleads, he was represented by an attorney at the time of the preparation of the earlier account of this trust and both he and his attorney had extended discussion with the other trustees and their attorney. A further important fact is that, upon the issues raised by his objections, the objectant has been quiescent for these many years.
“The objectant was appointed an executor of the Joseph P. Grace estate in 1950. The conclusion is that the objectant, in the role which he now assumes as such executor, not only was aware of the matters as to which he complains but a participant in the conduct which he criticizes.”
The dismissal of plaintiff’s objections did not affect the Special Guardians, and their objections remained outstanding until December 21, 1966, when they were withdrawn in return for the establishment of certain trusts on behalf of their wards.. Plaintiff meanwhile appealed the Surrogate’s decision through the Appellate Division and the Court of Appeals on two occasions without success.
Having lost in the State courts, plaintiff commenced this federal diversity proceeding making essentially the same claims with respect to the 1952 transfer of control that he had made before the Surrogate. The District Court correctly held that under the doctrine of res judicata the dismissal of his objections in the prior proceedings operates as a bar to his relitigating the same issues here. See Statter v. Statter, 2 N.Y.2d 668, 163 N.Y.S.2d 13, 143 N.E.2d 10 (1957); Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp., 250 N.Y. 304, 165 N.E. 456 (1924). It is, of course, true that plaintiff might be entitled to equitable relief if the defendants’ alleged fraud prevented him from presenting certain issues to the Surrogate. See Griffith v. Bank of New York, 147 F.2d 899, 160 A.L.R. 1340 (2d Cir.), cert. denied, 325 U.S. 874, 65 S.Ct. 1414, 89 L.Ed. 1992 (1945); Restatement, Judgments § 63 (1942). But it is clear from comparing the allegations made in 1963 with the allegations made in this proceeding that plaintiff is simply attempting to relitigate the same issues. Admittedly he now characterizes as fraud what he formerly termed breach of fiduciary duty, but such a change in labels is not sufficient to remove the effect of the prior adjudication.
The action, insofar as it pertains to the Special Guardians, is predicated on the claim that the alleged inadequacy and/or impropriety of the settlement ar
Plaintiff’s contention that the above proceedings have deprived him of property without due process of law is without merit.
Affirmed.
Reference
- Full Case Name
- Michael P. GRACE, II, suing Individually as a Beneficiary under the Last Will and Testament of William R. Grace, as a Successor Co-Trustee under a Testamentary Trust created by Clause Sixth of the said Will and as an of the Estate of Joseph P. Grace, and on behalf of the Beneficiaries of said Trust and Estate v. Joseph P. GRACE, Jr., Harold J. Roig, Allen S. Rupley, Eben W. Pyne, Joseph G. Blum and Irving M. Luria
- Cited By
- 10 cases
- Status
- Published