Franklin v. Osgood
Court for the Trial of Impeachments and Correction of Errors
THESE were original and cross suits in the court of chan- ° eery. Samuel Osgood and Mary his wife, the sole surviJ ° v ving executrix of the last will and testament of Walter Frank- © lin, deceased, her former husband, in November, 1808, filed a bill in the court below, in which they stated that Walter Franklin, being the owner of a large real and personal estate, on the 21st of February, 1778, made a will, containing the following clauses: “ The whole residue of my estate I…
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THESE were original and cross suits in the court of chan- ° eery. Samuel Osgood and Mary his wife, the sole surviJ ° v ving executrix of the last will and testament of Walter Frank- © lin, deceased, her former husband, in November, 1808, filed a bill in the court below, in which they stated that Walter Franklin, being the owner of a large real and personal estate, on the 21st of February, 1778, made a will, containing the following clauses: “ The whole residue of my estate I give and bequeath as follows: one eighth part 1 order put out on interest, as soon asean be done, or by degrees, as it…
1Opinion of the Court
Thompson, Ch. J.
The conclusion to which I have arrived, on a careful examination of this case, renders it unnecessary for me to notice all the questions that were raised and discussed on the argument. I shall confine myself to that which relates to the authority of Mary Osgood, alone, as sole surviving executrix of Walter Franklin, deceased, to sell and convey the lands in question to Clinton and Not ton. The decision of this point depends upon the construction to be given to that clause in the will of Walter Franklin, under which the authority to sell is claimed.
The testator, after sundry…
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