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eBook details

• Title: Buttrick v. Snow Et Al.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 03, 1931
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

FIELD, J. This is a bill in equity brought in the superior court by a mortgagee of the undivided interests of the defendants Wallace Snow and E. Elbridge Snow in certain real estate formerly owned by Walter H. Snow, deceased, intestate, of whose estate the defendant Louida W. Snow is administratrix. The defendant administratrix demurred. An interlocutory decree sustaining the demurrer and a final decree dismissing the bill without costs were entered. From both decrees the plaintiff appealed. The bill alleges that the intestate died February 9, 1928, 'leaving as his only heirs at law, his widow * * * [the defendant administratrix], and his two sons,' the other defendants, and seized of certain real estate; that the widow was duly appointed administratrix March 18, 1928; that on July 23, 1928, the defendants E. Elbridge Snow and Wallace Snow, being indebted to the plaintiff, executed and delivered to him a note for $3,000 and a mortgage of their interest in said real estate, the mortgage being duly recorded; that on July 23, 1930, the mortgage became due and payable but the mortgagors failed to pay the debt secured thereby and still owe the principal sum, with interest, amounting in the aggregate to $3,525; that on a petition for license to sell the real estate of the intestate, in which the plaintiff was named as mortgagee thereof under a mortgage from the heirs at law, a decree was entered February 8, 1929, licensing the administratrix to sell said real estate at public auction; that under the power so conferred she sold the real estate on December 3, 1929, for $3,300; that the debts of the intestate amounted to not more than $2,000 and charges of administration to not more than $900; that the defendant administratrix has collected approximately $4,650 in assets belonging to the estate, including said sum of $3,300, and that after paying from said sum of $3,300 so much of the debts and expenses of administration as might lawfully be paid therefrom there was a balance remaining of approximately $1,650. The bill alleges further that upon the sale of the real estate 'the lien of the said mortgage attached to the funds realized at the sale and the administratrix was bound to see that the proceeds of the sale were paid to the person to which they belonged'; that the plaintiff is entitled under his mortgage to receive two thirds of the balance of the money received for the real estate; that the defendant administratrix 'although called upon by the plaintiff to account for and pay over to him the sum to which he is so entitled, neglects and refuses to so account or to pay over money to the plaintiff,' and that the plaintiff has no adequate remedy at law.

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