CAVANAGH v. CAVANAGH

No. 91-P-288.

33 Mass. App. Ct. 240 (1992)

598 N.E.2d 677

LINDSAY H. CAVANAGH vs. PAUL D. CAVANAGH.

Appeals Court of Massachusetts, Essex.

September 3, 1992.


Attorney(s) appearing for the Case

James Verner Moore for Lindsay H. Cavanagh.

Mary P. Harrington for Paul D. Cavanagh.

Present: KASS, PERRETTA, & GREENBERG, JJ.


GREENBERG, J.

During the pendency of divorce proceedings, Lindsay and Paul Cavanagh signed a "Marital Agreement" which was incorporated into an October 6, 1986, judgment of divorce nisi and which, by the terms of the judgment, survived as an independent contract. At the heart of this dispute is § 5(b) of the agreement, which provided that "Lindsay will convey all of her right, title and interest in the marital...

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