Mason v. Daly
Massachusetts Supreme Judicial Court
Bill in equity against Hubert Daly, Frances J. Smith, Judson Murdock, Benjamin F. Brown, Charles H. Lewis and Almira H. Lewis, alleging the appointment by the Probate Court of the plaintiff as executor of the estate of John Lewis; that the said executor was authorized by decree of the Probate Court to sell the testator’s real estate for the payment of debts ; that the testator, during the last year of his life, was enfeebled in body and mind, and was thereby rendered…
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Bill in equity against Hubert Daly, Frances J. Smith, Judson Murdock, Benjamin F. Brown, Charles H. Lewis and Almira H. Lewis, alleging the appointment by the Probate Court of the plaintiff as executor of the estate of John Lewis; that the said executor was authorized by decree of the Probate Court to sell the testator’s real estate for the payment of debts ; that the testator, during the last year of his life, was enfeebled in body and mind, and was thereby rendered incapable of transacting any business ; “ that while so enfeebled, Charles H. Lewis and Almira H. Lewis, one or both of them,…
1Opinion of the CourtGray, C. J.
The application to take evidence, first made after the decree of a single justice and an appeal to the full court, comes too late. No evidence having been reported at the hearing below, nothing is open on the appeal but the question whether the decree is warranted by the allegations and prayer of the bill. Mason v. Lewis, 115 Mass. 334. Stanley v. Stark, Ib. 259.
The executor, having obtained license to sell the real estate of his testator for the payment of debts, may maintain this bill for the redemption or discharge of a mortgage thereon. Gen. Sts. c. 140, §§ 32, 33. Aiken v. Morse, 104…
2Cases cited2 opinions
- Aiken v. MorseMassachusetts Supreme Judicial Court · 1870
- Mason v. LewisMassachusetts Supreme Judicial Court · 1874
3Cited by9 opinions
- Smith v. SmithMassachusetts Supreme Judicial Court · 1915
- Clark v. SeagravesMassachusetts Supreme Judicial Court · 1904
- Sparhawk v. SparhawkMassachusetts Supreme Judicial Court · 1876
- O'Hare v. DowningMassachusetts Supreme Judicial Court · 1880
- McDonald v. MacNeilMassachusetts Supreme Judicial Court · 1938
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