Dewey v. Donovan

This is a bill in equity under the Gen. Sts. c. 100, § 16; and the first question to be determined is, whether this court has any power to decree a sale of the land before redemption from the tax sale.

The plaintiff’s testator, Edward Donovan, by his will, which was admitted to probate in 1864, provided that, if his personal property was not sufficient to pay his debts, then from the rents and income of a house and land in Springfield the deficiency should be supplied. The will also provided that all the pecuniary legacies, seven in number, should be paid from the same source in the order of…