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Serving
Massachusetts Agencies

Discharge by Foreign Personal Representative

Mortgages

A foreign executor can discharge a mortgage without ancillary proceedings being commenced. SeeCrocker's Notes on Common Forms, Little, Brown & Company (Seventh Edition, 1955), §548 and the cases cited. See also, G.L.c. 199A. The rule appears to be otherwise with respect to the assignmentof a mortgage by a foreign fiduciary. See Cutter v. Davenport, 18 Mass. 81 (1822), holding that an administrator could not, by virtue of letters granted in another state, assign a mortgage of land situated in the commonwealth. The distinction rests on the fact that the discharge would be the mere receipt of funds paid voluntarily to the fiduciary, while an assignment would be a transfer by the fiduciary of estate property.