Welsh v. Spillane

Decree affirmed. This is a petition brought in the Probate Court against the executor of the will of Edward J. Welsh, late of Quincy, that he be ordered to discharge a mortgage held by the deceased of wdlieh the petitioners are mortgagors, by reason of a provision in the will of the deceased, following the naming of an executor, “I hereby authorize and empower my said Executor when appointed, to cancel & discharge any mortgages that stand in my name, and give proper discharges of the same.” A decree was entered dismissing the petition, and the petitioners appealed. The evidence is reported,…