ROBERTSON v. GILBERT

Record No. 770522.

249 S.E.2d 787 (1978)

Wilfred C. ROBERTSON, Individually, and as Trustee etc. et al. v. Thomas M. GILBERT.

Supreme Court of Virginia.

November 22, 1978.


Attorney(s) appearing for the Case

Jonathan M. Murdoch-Kitt, Richmond (Phoebe P. Hall, Franklin P. Hall, Hall & Hall, Richmond, on briefs), for appellants.

Jeffrey M. Zwerdling, Richmond (Zwerdling & Oppleman, Richmond, on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.


POFF, Justice.

On this appeal, the seller in a contract for the sale of realty assigns error to a decree granting the purchaser specific performance.

The subject property is a lot lying within a larger tract of unimproved land owned at his death by W. Ira Robertson. By will probated in 1917, the decedent created a trust and empowered his executor to sell the land in his estate. In 1975, a special commissioner advertised an auction sale of 33 lots to be "sold...

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