Tobias Estate

Bolger, J.,

Petitioners aver a

contract between them and Mr. Tobias, decedent, for the purchase and sale of real estate, and seek specific performance thereof under section 18(a) of the Fiduciaries Act. Respondent, trustee under decedent’s will, does not deny the execution of the contract, but alleges that Mr. Tobias was mentally incompetent at the time of the execution of the agreement and, therefore, denies liability. The master to whom the issue was referred has found in favor of petitioners. . . .

Since the authenticity of Mr. Tobias’ signature was admitted, the master correctly placed the…