Pettigrew v. Collins

Mikell, Judge.

This appeal is before this Court from the grant of partial summary judgment to the defendants on plaintiff’s claim seeking specific performance of an option to purchase real property. Because the option is unenforceable, we affirm.

The owner of the subject property, Mildred Fincher, died testate on August 11, 1997. Defendants are her three surviving children. Plaintiff is the son of defendant Louise Fincher Pettigrew and the nephew of defendant Linda Fincher Collins, who is the executor of the decedent’s estate.

On August 24, 1997, plaintiff, his wife, and the defendants executed…