Ewing's Estate

Ladner, J.,

This is a petition filed pursuant to section 18(e) of the Fiduciaries Act, praying that specific performance of decedent’s parol contract to convey real estate be decreed.

Specific performance, especially of a parol contract, is not a matter of right but of grace. It will not be decreed where its enforcement would seem inequitable under the facts of a particular case: Hoffman’s Appeal, 319 Pa. 1 (1935). Or, as Judge Baldrige well put it in Byrne’s Estate, 122 Pa. Superior Ct. 413, at page 419, “A decree will not be entered where his [the chancellor’s] conscience does not approve the…