Sever v. Russell
Massachusetts Supreme Judicial Court
This was a bill in equity, from which, and from the answer thereto of the defendant under oath, and certain exhibits produced by the plaintiff, the following case appeared : — Mercy Sever, widow, died on the 9th of February, 1810, leaving a will dated on the 20th of December preceding, by which she appointed the defendant her executor, and provided that all the property, of which she might die seized, should be placed in the hands of her son George Russell, he becoming…
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This was a bill in equity, from which, and from the answer thereto of the defendant under oath, and certain exhibits produced by the plaintiff, the following case appeared : — Mercy Sever, widow, died on the 9th of February, 1810, leaving a will dated on the 20th of December preceding, by which she appointed the defendant her executor, and provided that all the property, of which she might die seized, should be placed in the hands of her son George Russell, he becoming "obligated ” to pay the interest of the whole sum, annually, to her daughter Nancy Sever, during her widowhood; and, after…
1Opinion of the CourtWilde, J.
Several points have been stated and argued by counsel in this case, which we have not found it necessary to consider, the court being of opinion, that this court as a court of chancery has no jurisdiction. The case of Jennison v. Hapgood, 7 Pick. 1, 7, is directly in point; and the law in that case is, we think, laid down by chief justice Parker with entire accuracy“ As to all the accounts and proceedings in the probate court, where upon the face of them that court has jurisdiction, this court, as a court of chancery, has no jurisdiction, but will hold all that has been properly done there,…
2Cases cited1 opinion
- Leverett v. ArmstrongMassachusetts Supreme Judicial Court · 1818