First Portland National Bank v. Taylor

This is a report by a judge of the question raised by an interlocutory decree overruling the defendant’s demurrer to the bill of complaint. G. L. (Ter. Ed.) c. 214, § 30. The bill, brought pursuant to G. L. (Ter. Ed.) c. 197, § 10,1 was filed April 5, 1948, and alleges the following: The defendant is the surviving executor under the will of Jesse P. Lyman, late of Ashby, who died on September 14, 1931. The executors qualified on October 6, 1931. The plaintiff was the holder of three promissory notes of which Lyman was the maker. The notes were respectively dated May 7, 1931, August 12, 1931,…