Section 26. If an executor, administrator, guardian, conservator, trustee, receiver, commissioner or other fiduciary officer appointed by the probate court, or a person employed by him to give notice of sale of real estate, has failed to file an affidavit of such notice in the probate court and such affidavit cannot be obtained, the court may, upon petition of any person interested in real estate the title to which may be affected thereby, stating the particular failure complained of and averring that the affidavit cannot be obtained, order notice by publication to creditors of, and others interested in, the estate in the settlement of which the failure complained of occurred. If, upon return of such notice and after hearing, the court is satisfied that such notice was in fact given, it may make a decree to that effect.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Section 1 - Specific Performance of Decedent's Land Contracts
Section 2 - Consent of a Deceased Person; Power of Court to Decree Conveyance
Section 4 - Vested or Contingent Interests; Power of Fiduciaries to Release
Section 5 - Cemetery Lots; Sale or Release
Section 6 - Mortgage Given Under License of Court; Contents
Section 7 - Petitions for Sales by Foreign Fiduciaries; Venue
Section 8 - License to Sell; Duration
Section 9 - Proceeds of Sales; Surplus; Disposition
Section 10 - Grant of License; Objections; Costs
Section 11 - Persons Licensed to Sell Realty; Examination
Section 12 - Church, etc., Property; Sale or Transfer
Section 19 - Irregularities in Proceedings; Effect
Section 20 - Adverse Claims to Title
Section 21 - Debts; Adjudication; Finality
Section 22 - Realty Sold by Fiduciaries; Limitation of Action or Entry
Section 23 - Void Acts of Fiduciaries; Confirmation or Setting Aside
Section 24 - Doubtful Acts or Proceedings of Fiduciaries or Court; Ratification
Section 25 - Irregularly Appointed Fiduciary; Liability to Account
Section 26 - Notice of Sale; Failure of Proof; Remedy
Section 28 - Method of Release
Section 29 - Effect and Scope of Release
Section 30 - Exercise of Power by Several Persons; Release by One; Effect
Section 31 - Release; Definition
Section 32 - Restraint of Alienation or Anticipation Provisions