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FISHER v. FISHER

23 Mass. App. Ct. 205 (1986)

500 N.E.2d 821

ANN L. FISHER vs. DONAL L. FISHER, executor.

Appeals Court of Massachusetts, Barnstable.

December 2, 1986.

Attorney(s) appearing for the Case

Edwin R. Chyten for the plaintiff.

Clyde K. Hanyen for the defendant.

Present: ARMSTRONG, QUIRICO, & DREBEN, JJ.

DREBEN, J.

The primary question in this appeal2 is whether the right of first refusal contained in a 1973 deed from Ann Fisher (Ann) to her in-laws, William and Gertrude Fisher, survived the death of both William and Gertrude. The operative clause of the deed provides:

"In the event that the grantees or either of them wishes to sell the above property they agree first to give the grantor herein the right of first refusal at a...

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