Jennison v. Hapgood
Massachusetts Supreme Judicial Court
This was a bill in equity brought in July, 1820, oy the administrators, widow and children of John Grout, against the executor of Jonathan Grout.
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This was a bill in equity brought in July, 1820, oy the administrators, widow and children of John Grout, against the executor of Jonathan Grout. The bill alleged that the testator, at the time of his decease, was seised of a large real and personal estate situated in Massachusetts and Vermont, including a valuable farm in Petersham, which was known by the name of his homestead farm, and which he had mortgaged to one Abigail Hale ; that he devised this farm to his son John Grout above named in fee, directing that if his son Jonathan Grout junior should be unable to redeem the mortgage,…
1Opinion of the Court
The opinion of the Court was delivered as drawn up by
Parker C. J.
The general question which has been at gued is, if this Court, in virtue of the statute of 1817, c. 87, has jurisdiction of the matters charged in the plaintiff’s bill. The plaintiffs are the administrators of John Grout deceased ; the defendant is the executor of Jonathan Grout deceased.
The plaintiffs allege in effect, that Jonathan Grout devised his homestead farm, which was under mortgage, to John Grout, upon certain conditions, viz. that the defendant, as executor, should, after paying the other debts, pay one half of the…
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