Massachusetts General Laws

Mass. Gen. Laws ch. 183, § 37 (2026)

Refusal of grantor to acknowledge; proof of execution by proving handwriting

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Section 37. If a grantor refuses to acknowledge his deed and the subscribing witnesses thereto are all dead or out of the commonwealth, its execution may be proved before any court of record in this commonwealth by proving the handwriting of the grantor and of a subscribing witness, the court first summoning the grantor for the purpose and in the manner provided in the preceding section.

Notes of Decisions
Cited in 1 case, 2016–2016 · leading case: Bank of Am., N.A. v. Casey, 52 N.E.3d 1030 (Mass. 2016).
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Bank of Am., N.A. v. Casey, 52 N.E.3d 1030 (Mass. 2016). “183, § 36, provides a method for curing a grantor’s refusal to acknowledge his or her deed by permitting a subscribing witness to testify that the deed was duly executed; G. L. c. 183, § 37, provides that where a grantor refuses to acknowledge his or her deed, due execution may…”
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