Pratt v. Bates
Massachusetts Supreme Judicial Court
Bill ir equity, filed January 30, 1893, to compel specific performance of an agreement to purchase land. Hearing in the Superior Court, on the bill, answer, and agreed facts, in substance as follows. On May 12,1892, one George E. Fisher, of Kenyon, in the State of Khode Island, who was a devisee under the will of Sarah B. Mayo, deceased, filed a petition under Pub.
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Bill ir equity, filed January 30, 1893, to compel specific performance of an agreement to purchase land. Hearing in the Superior Court, on the bill, answer, and agreed facts, in substance as follows. On May 12,1892, one George E. Fisher, of Kenyon, in the State of Khode Island, who was a devisee under the will of Sarah B. Mayo, deceased, filed a petition under Pub. Sts. c. 120, §§ 19, 20, in the Probate Court for the County of Norfolk, reciting that he had “ an estate in possession in about three quarters of an acre of land, be the same more or less, situated south of North Main Street in the…
1Opinion of the CourtMorton, J.
This case was heard in the Superior Court on agreed facts, and comes here by appeal from the decree dismissing the bill. The facts as agreed include the proceedings in the Probate Court by which a trustee was appointed and was authorized to make the sale. They also state that the appointment of Newhall as guardian ad litem and next friend, and to represent the possible issue of George E. Fisher, was not made till after the decree appointing the trustee and authorizing the sale. It was agreed at the argument in this court, if competent, that the guardian did not take the oath required of him…
2Cited by7 opinions
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