360 Mass. 862 | Mass. | 1971
This is an appeal from a decree of the Probate Court dismissing a petition in equity by Julia A. Russo praying that the respondents be ordered to convey to the petitioner their interest in a parcel of real estate owned by Michael M. Russo, the petitioner’s husband, at the time of his death. The judge filed a report of material facts and the evidence was not reported. After several conferences where all the parties were represented by counsel the respondents, heirs at law of Michael M. Russo, for consideration paid, gave to the petitioner releases on probate form A. C. 147 “of all claims which they might have as heirs at law of the deceased.” The inventory of the estate of Michael M. Russo included a parcel of real estate. The petitioner argues that it was'the intention of the parties to include the real estate as well as the personal property when the releases were executed by the respondents. In dismissing the petition the probate judge found that it was not the intention of the parties to include the real estate in the releases. There
Decree affirmed.