Horton v. Robinson
Massachusetts Supreme Judicial Court
Contract against the executrix of the will of Clarissa N. F. Norris upon a judgment against the defendant’s testatrix for $1,663.86, alleging that the defendant within one year had received new assets of the estate of her testator.
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Contract against the executrix of the will of Clarissa N. F. Norris upon a judgment against the defendant’s testatrix for $1,663.86, alleging that the defendant within one year had received new assets of the estate of her testator. Writ dated May 6, 1910. In the Superior Court the case was submitted to Crosby, J., upon an agreed statement of facts and an amendment thereto, by which the following facts appeared: The plaintiff brought the action as the administratrix of the estate of Samuel Boyd, Jr. As such administratrix on September 2, 1901, she obtained the judgment sued upon against…
1Opinion of the CourtBraley, J.
By force of the decree in the suit in equity the deed of the testatrix conveying the land in question although unconditional in form in legal effect became a mortgage at the date of delivery to the grantee, and at her death she was seised of an equity of redemption which under the will passed by devise to the defendant. Ewer v. Hobbs, 5 Met. 1, 3. Campbell v. Dearborn, 109 Mass. 130. It is immaterial that the defendant brought the bill as devisee, or that in compliance with the decree the property upon payment of the mortgage debt, apparently from her own funds, was reconveyed to her as if…
2Cases cited11 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Putney v. FletcherMassachusetts Supreme Judicial Court · 1889
- Marvel v. BabbittMassachusetts Supreme Judicial Court · 1887
- Welsh v. WelshMassachusetts Supreme Judicial Court · 1870
- Dudley v. SanbornMassachusetts Supreme Judicial Court · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Shattuck v. BurrageMassachusetts Supreme Judicial Court · 1918
- Fourth National Bank v. MeadMassachusetts Supreme Judicial Court · 1913
- Grant v. CrowleyMassachusetts Supreme Judicial Court · 1914
- Day v. NicholsMassachusetts Supreme Judicial Court · 1917
- Millen v. KavanaughMassachusetts Supreme Judicial Court · 1929
2 more not listed; retrieve them via the Exa API.