Southwick v. Morrell
Massachusetts Supreme Judicial Court
Bill in equity against Peter W. Morrell and Anna R. South-' wick, alleging that the plaintiff and the first named defendant were the executors of, and devisees under, the will of Ruth H. Morrell, deceased,- that the other defendant was the only other devisee; that at the time of her decease the testatrix owed certain debts, among which was a note, payable at the death of the defendant Morrell, and secured by a mortgage of land in the State of Maine; that the plaintiff, for…
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Bill in equity against Peter W. Morrell and Anna R. South-' wick, alleging that the plaintiff and the first named defendant were the executors of, and devisees under, the will of Ruth H. Morrell, deceased,- that the other defendant was the only other devisee; that at the time of her decease the testatrix owed certain debts, among which was a note, payable at the death of the defendant Morrell, and secured by a mortgage of land in the State of Maine; that the plaintiff, for the purpose of paying these debts, had applied to the said defendant to join with her in a petition to the Probate Court…
1Opinion of the CourtEndicott, J.
The relief prayed for in this bill rests mainly on the refusal of the defendant, who is co-executor with the plaintiff, to sign a petition to the Probate Court for license to sell real estate in this Commonwealth for the payment of certain debts, one of which is secured by mortgage on land in Maine, and is not payable until the death of the defendant. Whether the defendant has failed to perform his duty as executor cannot be determined in this case; that question must be decided by the Judge of Probate, who, upon cause shown, may remove him from his office. Gen. Sts. e. 101, § 2. Nor can the…
2Cited by3 opinions
- Green v. GaskillMassachusetts Supreme Judicial Court · 1900
- Ammidown v. KinseyMassachusetts Supreme Judicial Court · 1887
- Personette v. JohnsonNew Jersey Superior Court Appellate Division · 1885