Fleming v. Fleming

1. This action seeks specific performance of a separation agreement which was neither merged nor incorporated in a subsequent judgment of divorce. The divorce judgment did not purport to cover financial matters. Contrary to the husband’s contention, the Probate Court has jurisdiction. See Lorant v. Lorant, 366 Mass. 380, 386 (1974); G. L. c. 215, § 6. Specific performance lies where repeated actions to recover monthly damages as they are incurred would be needed. The remedy at law is not adequate. Sanford v. Boston Edison Co., 316 Mass. 631, 634-635 (1944). Contrast *914Mansur v. Clark, 25 Mass.…