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HORGAN v. OGILVIE

361 Mass. 13 (1972)

277 N.E.2d 821

CHARLES L. HORGAN vs. GORDON H. OGILVIE, executor, & another.

Supreme Judicial Court of Massachusetts, Middlesex.

January 13, 1972.

Attorney(s) appearing for the Case

Charles P. Lessa for the petitioner.

Joseph M. Cohen, for the respondents.

Present: TAURO, C.J., CUTTER, QUIRICO, BRAUCHER, & HENNESSEY, JJ.

CUTTER, J.

Horgan by petition in equity in the Probate Court seeks against Ogilvie, as executor of the will of Howard M. Lindley, and Mrs. Lindley specific performance of an alleged agreement, made by Lindley and Mrs. Lindley, to convey to him real estate (locus) in Ayer. The probate judge entered a decree dismissing the petition. Horgan appealed. The evidence is reported. The facts, except as otherwise indicated, are based upon the judge's report of material facts...

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