Flanders v. Greely
Supreme Court of New Hampshire
Bill in Equity, to foreclose a mortgage given by Simon Greely, one of the defendants, to the plaintiff, April 3, 1867, to secure a note for $59.55, dated January 1, 1861. Facts agreed. Some time prior to February 24, 1846, Insley Greely, of Wilmot, died, leaving a widow, Dolly Greely, and eight children, of whom Simon Greely was one, and the defendant Sarah Sargent was one.
Read the full summary
Bill in Equity, to foreclose a mortgage given by Simon Greely, one of the defendants, to the plaintiff, April 3, 1867, to secure a note for $59.55, dated January 1, 1861. Facts agreed. Some time prior to February 24, 1846, Insley Greely, of Wilmot, died, leaving a widow, Dolly Greely, and eight children, of whom Simon Greely was one, and the defendant Sarah Sargent was one. Insley Greely left a will, whereby lie gave “unto my beloved wife Dolly Greely, all my real estate and personal property while remaining my widow, after paying my honest debts; ” to his three daughters, Mary, Sally, and…
1Opinion of the CourtAllen, J.
The interest of Simon Grooly, the mortgagor and one of the children of Insley Greely, the testator in the homestead farm at the time the mortgage was made, was that of a residuary devisee in common with his brothers and sisters. That interest vested in the devisee on the testator’s death, subject to the payment of debts and legacies, the widow’s use of the property during widowhood, the conditional support of the daughter Cinda, and the privilege of a home to the three daughters if they should remain, unmarried. That interest, therefore, was one that might be conveyed and passed by the…
2Cited by2 opinions
- E. A. Strout Farm Agency v. HosfordSupreme Court of New Hampshire · 1925
- Cropsey v. Social SecurityDistrict Court, N.D. California · 2019