Wood v. White
Supreme Judicial Court of Maine
Bill in equity, alleging that this plaintiff was indebted to Nailaniel Wilson upon two notes of hand secured by separate mortgages of real estate; one of said notes dated in 1845, for $1000, at two per cent, interest, the payment not to be called for under ten years ; the other dated in 1846, for $175 in ten years, with annual interest: — Also further alleging that the last will of said Wilson, which has been duly approved, after making certain specific legacies, gave and…
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Bill in equity, alleging that this plaintiff was indebted to Nailaniel Wilson upon two notes of hand secured by separate mortgages of real estate; one of said notes dated in 1845, for $1000, at two per cent, interest, the payment not to be called for under ten years ; the other dated in 1846, for $175 in ten years, with annual interest: — Also further alleging that the last will of said Wilson, which has been duly approved, after making certain specific legacies, gave and devised all his estates, real and personal, to his executors, in trust for certain uses, &c., and among the legacies was…
1Opinion of the Court
Wells, J.,
orally.—A question has suggested itself, whether the heirs should not be made parties; but we think the rightful parties are before the court. Where, as in this case, the executors have control of all the estate, no other parties need be introduced. Executors or administrators may discharge mortgages and surrender notes.
The only question then is, whether the bequest can be corrected by substituting “George Wood” for J. Wood.
Courts are often called upon to adjudicate as to devises and legacies, when there are several persons of the same name. Such cases present a latent ambiguity.
In…
2Cited by6 opinions
- Woman's Union Missionary Society of America v. MeadIllinois Supreme Court · 1890
- Pate v. BushongIndiana Supreme Court · 1903
- McBryde's Heirs v. WilkinsonSupreme Court of Alabama · 1857
- Tallman v. TallmanThe Superior Court of the City of New York and Buffalo · 1893
- Nelson v. McDonaldNew York Supreme Court · 1891
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