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Stokes v Churchill; Estate of Fryer
Judgment date: 16/12/1993
Court: NSWSC
Judge: Santow J
Citation:
(1994) NSW ConvR 55-694;
Catchwords: Succession; Executors; Contract for sale of testator's house at under value; Whether specific performance available against executor;
Equity; Specific performance; Availability of remedy; Whether affected by laches or acquiescence;
Damages; Contract; Availability and measure; Contemporary application of Bain v Fothergill rule;
Succession; Executors; Powers, duties and rights; Sale of real property;