Foley v. Devine

Buchanan, Y. C.

Complainants (vendors) pray decree against defendant (vendee) for specific performance of contract for the sale of certain lands in Middlesex county. The defense is that complainants cannot convey a good or marketable title.

The underlying question is as to complainants’ right or power to convey the lands in question, which were owned by complainants’ testatrix.

*474The latter’s will, probated April 18th, 1912, after providing for the payment of debts and funeral expenses and three small money legacies, proceeds as follows:

“Fifth. All, the rest, residue and remainder of my property…