§ 1 — Specific performance of decedent's land contracts

Massachusetts § 1

• Jurisdiction: Massachusetts
• Part II: REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
• Title II: DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS
• Ch. 204: GENERAL PROVISIONS RELATIVE TO SALES, MORTGAGES, RELEASES, COMPROMISES, ETC., BY EXECUTORS, ETC.

Text

Section 1. If a person who has entered into a written agreement for the conveyance of real estate or holds real estate which by operation of law is subject to be conveyed to others, dies or is put under guardianship or conservatorship or disappears or absconds with the result that a receiver of his property is appointed under chapter two hundred, without having made such conveyance, the probate court shall have jurisdiction in equity concurrent with the supreme judicial and superior courts to enforce specific performance of such agreement or obligation to convey; and, upon a petition therefor by any person interested in the conveyance, shall, after notice, if upon hearing it appears that the deceased, were he living, or the ward, were he not under guardianship or conservatorship, or the absentee, had he not disappeared or absconded as aforesaid, would be required to make the conveyance, order the executor or administrator, or the guardian, conservator or receiver to make the same, which conveyance shall have like force and effect as if made by the person who agreed or was liable to convey. Such concurrent jurisdiction shall also extend to the specific enforcement of reconveyance by persons alleged to be improperly holding or retaining property belonging to the estate of a deceased person, or to a person under guardianship or conservatorship, or to a person of whose property a receiver has been appointed under said chapter two hundred, and to the cancellation of deeds, releases or other conveyances or acquittances executed by a person since deceased or by a person since placed under guardianship or conservatorship or of whose property a receiver has been appointed as aforesaid, on petition of the executor, administrator, guardian, conservator or receiver, as the case may be.