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BORTOLOTTI v. HAYDEN

449 Mass. 193 (2007)

ROBERT J. BORTOLOTTI, trustee, v. ROBERT F. HAYDEN, FOURTH.

Supreme Judicial Court of Massachusetts, Barnstable.

May 21, 2007.

Attorney(s) appearing for the Case

Thomas F. Maffei (Scott McConchie with him) for the defendant.

Thomas P. Carpenter for the plaintiff.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, & Cordy, JJ.

GREANEY, J.

In a deed recorded in 1981 at the Barnstable County registry of deeds, executors under the will of the defendant's father, Robert F. Hayden,2 conveyed a parcel of subdivided land situated "in Barnstable (Cotuit)" to Albert Mattson. A restriction in the deed reserved to the grantor's heirs, executors, administrators, and assigns, a preemptive right to purchase the property on the same...

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