Glines v. Weeks
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, removing the appellant from the office of administratrix of the estate of Edwin L. Weeks.
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Appeal from a decree of the Probate Court, removing the appellant from the office of administratrix of the estate of Edwin L. Weeks. At the hearing, before W. Allen, J., the following facts appeared : On November 11, 1882, the appellant, in her own right as widow of Edwin L. Weeks, together with her children as heirs at law of said Weeks, filed a bill in equity against Edward Clines, as administrator of Jacob T. Clines, and' certain other persons, heirs at law of Jacob T. Clines, for the redemption of an estate situated on Marshall Street, in Somerville, from an alleged mortgage. This estate…
1Opinion of the CourtField, J.
Whether an equity of redemption exists in the land conveyed to Glines, and, if it does, whether it can now be sold to pay the debts of the estate of Edwin L. Weeks, are questions that cannot be determined in this proceeding. If Weeks had an equity of redemption in this land, it descended on his death to his heirs at law, subject to dower in his widow. The heirs at law can bring a bill in equity to redeem the estate, and the widow can, if she released dower in the deed; and this they do in their own right. By statute, an administrator has the right- to redeem, if there is an equity of…
2Cases cited3 opinions
- Aiken v. MorseMassachusetts Supreme Judicial Court · 1870
- Tarbell v. ParkerMassachusetts Supreme Judicial Court · 1871
- Welsh v. WelshMassachusetts Supreme Judicial Court · 1870
3Cited by5 opinions
- Putney v. FletcherMassachusetts Supreme Judicial Court · 1889
- Fourth National Bank v. MeadMassachusetts Supreme Judicial Court · 1913
- Horton v. RobinsonMassachusetts Supreme Judicial Court · 1912
- McCluskeySupreme Judicial Court of Maine · 1917
- Kaulbeck v. ThompsonMassachusetts Land Court · 1902