Caulkins v. Bolton

Learned, P. J.:

This is an action of interpleader brought by a mortgagor to-determine to whom he may pay the mortgage.

Lucinda Comstock, executrix of Zara Comstock, deceased , loaned money of the estate to the plaintiff and took this bond and mortgage in her own name, not as executrix. She was, under the will, entitled to the use of all the property of Zara Comstock during her natural life for her support, and also entitled, to use any portion of the principal, if necessary, for her support, and of this she was to be the sole judge.

Lucinda Comstock died. "Letters of administration on her estate…