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- Complaint filed.
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 440369 Date: 04/21/2023
- Land Court surcharge Receipt: 440369 Date: 04/21/2023
- Land Court summons Receipt: 440369 Date: 04/21/2023
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the F Track. Notice sent.
- The Court has reviewed Plaintiffs' complaint in this Miscellaneous action. The complaint contains two counts. Count I requests a declaration that Plaintiffs have terminated the Green Acres Nominee Trust ("GANT") in accordance with the trust's Declaration of Trust. Count II is labelled "Specific Performance," but what Plaintiffs seek is an order directing the current trustee of GANT, defendant Jeffrey A. Fearon, to do what the Declaration allegedly obligates him to do in the event of GANT's termination: convey GANT's assets to GANT's beneficiaries, who allegedly include Plaintiffs. According to the records of the Nantucket Registry District, GANT is the owner of what the Complaint calls 23 Cliff Road. Since Count II alleges that the interests of the registered owner, GANT, "have terminated and ceased" and that "new interests not appearing on [23 Cliff Road's] certificate have arisen or been created," Count II implicates G.L. c. 185, sec. 114. That statute requires the filing of a "subsequent to registration" (or "S") case for such claims. The Court thus ORDERS Plaintiffs to file by no later than May 5, 2023, an S case that sets forth, at a minimum, their claims in Count II of their Complaint in this Miscellaneous action. Once Plaintiffs file their S case, the Court will consolidate that case with this MISC case for further proceedings. Unless otherwise requested, the Court will not schedule a case-management conference in either case until a Land Court examiner establishes who's entitled to notice of the anticipated S case and such notice has been given. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonathan W Fitch, Esq. [email protected] Plaintiff: Laura K Hennessey, Esq. [email protected] Sent On: 04/24/2023 15:55:04
- The Court CONSOLIDATES Case No. 23 SBQ 06670 05-001 with Case No. 23 MISC 000166 for all purposes. All future filings in these consolidated cases must bear the captions of both cases, but are to be made only in 23 MISC 000166 unless the Court otherwise directs. The Court ORDERS Trustee Horchow to serve promptly on Jeffrey A. Fearon, both individually and in his capacity as the alleged Successor Trustee of The Green Acres Nominee Trust, in accordance with Rule 4, Mass. R. Civ. P., a summons, a copy of Trustee Horchow's complaint in Case No. 23 MISC 000166, a copy of Trustee Horchow's complaint in Case No. 23 SBQ 06670 05-001, and a copy of this Order. The Court ORDERS Trustee Horchow to file by June 9, 2023, return(s) of service on Fearon or a status report on such service. The Court further ORDERS Trustee Horchow to file by May 19, 2023, an affidavit stating whether she individually assents to the relief sought in these consolidated cases. Service in accordance with this order will satisfy the notice requirements of G.L. c. 185, sec. 114. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Jonathan W Fitch, Esq. [email protected] Plaintiff: Laura K Hennessey, Esq. [email protected] Sent On: 05/11/2023 11:40:37
- Affidavit of Regen Horchow, filed.
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