DeLong v. Scott

McCORMICK, Justice.

Defendant Winston H. Scott appeals trial court’s decree ordering specific performance of his contract to purchase real estate from plaintiff Phyllis J. DeLong. The sole issue is whether plaintiff met her obligation to tender marketable title. We find she did and affirm the trial court.

The property was once owned by Stella M. Barron who died testate November 6, 1955. Her devisees were her four children, one of whom, Rose Hemminger, was named executrix. The will included an authorization to the executrix “to mortgage or convey real estate without order of Court first…