Kelley v. Neilson

In her complaint, the plaintiff sought an order directing the defendant, the executor under the will of Aileen Neilson (plaintiff’s grandmother2), to relinquish to the plaintiff the proceeds from the sale of 18-20 Laurel Avenue in Waltham (property). The plaintiff claimed that the proceeds of the sale belonged to her since the property had been specifically devised to her under the last will of her grandmother (testatrix) dated January 5, 1993. (The fact of the specific devise is not in dispute.)

The defendant filed a motion for summary judgment, arguing *116that the specific devise of the…