KELLY v. KELLY


358 Mass. 154 (1970)

260 N.E.2d 659

THOMAS E. KELLY vs. CATHERINE V. GALLO KELLY.

Supreme Judicial Court of Massachusetts, Middlesex.

July 6, 1970.


Attorney(s) appearing for the Case

Willie J. Davis for the defendant.

Frederick J. Wheeler, Jr., for the plaintiff.

Present: WILKINS, C.J., SPALDING, KIRK, REARDON, & QUIRICO, JJ.


KIRK, J.

This is a bill in equity described as seeking specific performance of an alleged agreement by the defendant, Catherine, to convey to her brother Thomas, the plaintiff, one third of a nine-acre lot of land in Burlington. The defendant appeals from a final decree ordering her to deliver to Thomas a deed conveying an undivided one-third interest in the land. The judge made findings of fact; the evidence is reported.

The land comprises nine acres of what...

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