Jones v. Jones

T. R. Jones executed to himself as executor of the will of J. P. Jones, deceased, a mortgage reciting that he had taken charge of the estate and become indebted to it and desired to secure such indebtedness by mortgage. It was recorded. Subsequently he made an entry of cancellation of thé mortgage, signed by himself as executor, and later as an individual executed another mortgage to a different person. The *728widow and children of the testator, alleging themselves to be the only beneficiaries under the will, filed an equitable proceeding attacking the cancellation of the mortgage securing the…