Ryan v. Monast

I am unable to agree with my associates in their disposition of this case for the following reason: I am not convinced that the testator, in the language quoted from his will, intended to impose upon his wife, as a condition of an acceptance by her of the devise to her of the real estate described, that she must assume, for the benefit of the owner of any mortgage which might be on that real estate at the time of the testator’s death, the payment of the note secured by such mortgage; and that this condition should apply to the mortgage involved in this case, if then outstanding, although the…