KELLEY v. NEILSON


433 Mass. 706 (2001)

JANE KELLEY v. DONALD B. NEILSON, executor.

Supreme Judicial Court of Massachusetts, Middlesex.

April 13, 2001.


Attorney(s) appearing for the Case

Joseph Melone for the defendant.

Paul R. Chomko (Donald J. Bertrand with him) for the plaintiff.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & SOSMAN, JJ.


MARSHALL, C.J.

We decide in this case whether the execution of a purchase and sale agreement by a testatrix adeemed by extinction a specific devise of real property where the testatrix died before the real estate transaction was completed. We conclude that in the circumstances of this case it did.

The dispute concerns a two-family residential property located on Laurel Avenue in Waltham (Waltham property), previously owned by Aileen T. Neilson (testatrix)...

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