238 Mass. 106 | Mass. | 1921
This is a bill in equity brought by the plaintiff as administratrix of the estate of her late husband, William J. O. Doane, against the defendant, who is the mother of the intestate, for the purpose of determining the validity of a note and mortgage given by the intestate to the defendant, the consideration therefor, and the amount, if anything, due thereon.
The bill alleges in substance that when the note and mortgage were given, and for some time previously, the relations between the intestate and his wife “were strained;” and that shortly after the note and mortgage were given, a separation took place, through no fault of the wife, and that the parties did not five together afterwards. The bill further alleges that the note and mortgage were without consideration; that they were given, in anticipation of possible legal proceedings which might be brought against the intestate by his wife, for the purpose of preventing her from obtaining the property covered by the mortgage; and,' in case of his decease, from securing her rights as widow. The master found upon the evidence, which is not reported, that the note was never delivered to the defendant and was found, after the death of the intestate, by the plaintiff in his safe deposit box in the bank; that the note and mortgage were given to the defendant “for the purpose of preventing himself from being harassed
The books of accounts, check books and the slips kept by the intestate in accordance with the so called “McCaskey System,” all introduced for the purpose of showing his business and financial condition, were admissible. The admission of fire insurance policies covering the property described in the mortgage, and which were not made payable to the defendant as mortgagee in case of loss, was not erroneous; the evidence had some tendency to show that the conveyance was voluntary and fraudulent. The evidence of the witness Ross, who was employed by the intestate as his bookkeeper, was properly admitted. There was no error in entering the interlocutory decree overruling the exceptions to the master’s report and confirming the report.
Decree affirmed with costs.