BAILEY v. BLODGETT


119 A.2d 756 (1955)

Charles BAILEY and Fannie B. Bailey, his wife, v. Riley E. BLODGETT, and Riley E. Blodgett, Executor of the Estate of Louisa Blodgett, deceased.

Superior Court of Delaware, New Castle.

September 28, 1955.


Attorney(s) appearing for the Case

Howard M. Berg, Wilmington, for petitioner.

George L. Sands, of Morford & Bennethum, Wilmington, for defendant Riley E. Blodgett, individually.

No appearance for the defendant executor.


CAREY, Judge.

The petitioners, on February 11, 1931, executed a mortgage in favor of Louisa Blodgett as security for the payment of $2772.77 covering certain lands in Blackbird Hundred. It was payable on or before February 11, 1932. It was duly recorded and remains unsatisfied on the record. The mortgagee died testate in 1940, leaving her residuary estate to the individual defendant and naming him as executor.

After reciting the foregoing facts, the petition...

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