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eBook details

• Title: Doane v. Bigelow Et Al.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 10, 1936
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

LUMMUS, Justice. In a settlement of matrimonial difficulties, the plaintiff's husband, in January, 1933, conveyed his house and land through a corporation as a conduit to Reuben Bigelow, the plaintiff's employer, who four days later gave a note for $2,750, payable in 1938, to the First National Bank of Boston, and secured it by a mortgage of the house and land. On the same day Reuben Bigelow gave a lease of the house and land to the plaintiff for five years at a rental of $165 payable on September 1 of each year, in addition to taxes, with the right to buy the property for $1,250 (the amount of a loan by him to the plaintiff), and the assumption of the mortgage. Part at least of the money raised on the note and mortgage went to the corporation and perhaps ultimately to the husband. When Reuben Bigelow died on November 6, 1933, the property was worth $6,000, and no part of the mortgage note had been paid. By the fifth paragraph of his will, executed on July 10, 1933, he released the plaintiff from all obligations to him, and directed his executor 'to release and convey to her, free from incumbrances, by such instruments as may be necessary, any and all right, title and interest which I may have at my decease in and to the house and land' in question. The mortgagee was and is willing to accept payment of the mortgage note, although it will not be due until 1938. The Judge entered a decree ordering the executor of the will of Reuben Bigelow to pay the note and thus to exonerate the house and land. The executor appealed.

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