Warden v. Richards

Massachusetts Supreme Judicial Court

Warden v. Richards

77 Mass. 277

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1858

StatusPublished

This text of 77 Mass. 277 (Warden v. Richards) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Warden v. Richards, 77 Mass. 277 (Mass. 1858).

Pincite

Opinion

Shaw, C. J.

When the power to sell is given to executors as incident to the execution of the appropriate duties of executors, and as executors, if one declines, the other may execute. Here it was a power to sell for the payment of debts and legacies, and no more. The power was good to that extent, without expressing any opinion as to other powers. The plaintiff could therefore give a good title. Judgment for the plaintiff.

Free access — add to your briefcase to read the full text and ask questions with AI

Shaw, C. J.

When the power to sell is given to executors as incident to the execution of the appropriate duties of executors, and as executors, if one declines, the other may execute. Here it was a power to sell for the payment of debts and legacies, and no more. The power was good to that extent, without expressing any opinion as to other powers. The plaintiff could therefore give a good title. Judgment for the plaintiff.

Cite This Page — Counsel Stack

Bluebook (online)

77 Mass. 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warden-v-richards-mass-1858.