Brown v. Baron
Massachusetts Supreme Judicial Court
Appeal, by Cynthia M. Baron, a legatee under the will of Mary Merriam Abbott, from a decree of the Probate Court, dated May 23, 1893, allowing the first account of the executor. The case was heard by Knowlton, J., upon the decree of the Probate Court, the objections thereto, and an agreed statement of facts, in substance as follows.
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Appeal, by Cynthia M. Baron, a legatee under the will of Mary Merriam Abbott, from a decree of the Probate Court, dated May 23, 1893, allowing the first account of the executor. The case was heard by Knowlton, J., upon the decree of the Probate Court, the objections thereto, and an agreed statement of facts, in substance as follows. Mary Merriam Abbott died on February 5, 1892, leaving a will, dated December 26, 1885, which was duly admitted to probate, and which, after various small bequests, by clause fourteen gave a legacy of $8,000 to Maria M. Brown, a sister of the testatrix, and by…
1Opinion of the CourtMorton, J.
The appellant objects to the payments made by the executor on account of the mortgage on the Moody Street property, and also insists that the rents of the Bridge Street estate do not belong to the executor as residuary legatee, but belong to the heirs at law, or to the estate.
By the eighteenth clause of the will of Mary Merriam Abbott, the Moody Street property was specifically devised to John B. Brown, the executor. At the time of the death of the testatrix it was subject to a mortgage which had been given by the testatrix and her sister to the Mechanics’ Savings Bank of Lowell to secure a…
2Cases cited8 opinions
- Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
- Richardson v. HallMassachusetts Supreme Judicial Court · 1878
- Gibson v. FarleyMassachusetts Supreme Judicial Court · 1820
- Farnum v. BascomMassachusetts Supreme Judicial Court · 1877
- Brooks v. JacksonMassachusetts Supreme Judicial Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re the Estate of De BernalCalifornia Supreme Court · 1913
- Wilts v. WiltsSupreme Court of Iowa · 1911
- Porter v. HoweMassachusetts Supreme Judicial Court · 1899
- Hannibal Trust Co. v. ElzeaSupreme Court of Missouri · 1926
- Doane v. BigelowMassachusetts Supreme Judicial Court · 1936
7 more not listed; retrieve them via the Exa API.