Brown v. Brown
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on November 17, 1904, alleging that the plaintiff and the two defendants were the children and the only heirs at law of James Brown, who died on September 27, 1901, leaving a will, dated May 7, 1900, which was proved and allowed by the Probate Court of Suffolk County on December 26, 1901; that the defendant Mary Elizabeth Brown was appointed executrix and that her official bond as executrix was approved and filed on or…
Read the full summary
Bill in equity, filed in the Supreme Judicial Court on November 17, 1904, alleging that the plaintiff and the two defendants were the children and the only heirs at law of James Brown, who died on September 27, 1901, leaving a will, dated May 7, 1900, which was proved and allowed by the Probate Court of Suffolk County on December 26, 1901; that the defendant Mary Elizabeth Brown was appointed executrix and that her official bond as executrix was approved and filed on or about December 26, 1901, due publication of her appointment being made thereafter; that James Brown in his lifetime had…
1Opinion of the CourtSheldon, J.
This appeal is without merit.
1. No relief was given against the defendant William F. Brown, but he was allowed his costs. As to him, the bill was in effect dismissed, and he has no ground of complaint.
2. The plaintiff can maintain the suit. All the heirs of the original owner and the executrix of his will are made parties. In her personal capacity the executrix is the sole defendant in interest. It is settled by our decisions that the deed of an insane person is ineffectual to convey a title to land which shall be good against the grantor himself or against his heirs or devisees, unless it is…
2Cases cited23 opinions
- Parker v. SimpsonMassachusetts Supreme Judicial Court · 1902
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Sunter v. SunterMassachusetts Supreme Judicial Court · 1906
- Kirchgassner v. RodickMassachusetts Supreme Judicial Court · 1898
18 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hassey v. Williams, Et Ux.Supreme Court of Florida · 1937
- Brewster v. WestonMassachusetts Supreme Judicial Court · 1920
- Stricker v. ScottMassachusetts Supreme Judicial Court · 1933
- Sawtelle v. TatoneSupreme Court of New Hampshire · 1964
- Johnson v. FosterMassachusetts Supreme Judicial Court · 1915
5 more not listed; retrieve them via the Exa API.