Fairbanks v. Newhall

The master has found the following facts: By virtue of a license granted by the Probate Court, William B. Orcutt, as guardian of Jane Fairbanks, an insane person, gave a mortgage upon certain real estate of his ward for $700, in payment of divers items for which he was indebted or obliged to the defendant. There was no fraud or deceit on the part of either party to the mortgage. When the defendant as mortgagee began foreclosure proceedings there were breaches in the condition of the mortgage due to unpaid principal, interest and taxes.

Jane Fairbanks died on October 10, 1914, intestate, and…