SHIRLEY M. GARGANO v. DARLENE M. GARGANO, DIANE M. STEWART, JOHN J. GARGANO, and DEBRA E. COLLEY

Plaintiff Shirley Gargano (“plaintiff”) filed the verified complaint in this action on January 30, 2008. The plaintiff formerly owned in fee simple title to the land and building located at 16 Arnold Street, Quincy, Massachusetts, (“Premises”). The plaintiff conveyed title to the Premises to her four children, Darlene M. Gargano, Diane M. Stewart, John J. Gargano, and Debra E. Colley, reserving to herself a life estate, by deed (“Deed”) dated September 3, 2007, recorded with the Norfolk County Registry of Deeds in Book 25249, Page 392. The record before the court on summary judgment shows without contradiction that the plaintiff was unduly influenced into conveying title to the Premises to the defendants. This matter came on to be heard by the court (Piper, J.) on plaintiff’s motion for summary judgment. The court, in a decision of even date, [Note 1] has granted the plaintiff’s motion. In accordance with the court’s decision, it is

ORDERED, ADJUDGED and DECLARED that, as to the defendants who are parties to this action and the grantees named in the Deed, the Deed is rescinded and set aside, the conveyance by plaintiff to the defendants made by the Deed having been procured by undue influence. It is further

ORDERED and ADJUDGED that the defendant’s counterclaims be dismissed. It is further

ORDERED and ADJUDGED that no fees, costs, damages, or other amounts are awarded to any party. It is further

ORDERED and ADJUDGED that this Judgment, or a certified copy of it, may, upon payment of all fees therefor required by law, be recorded in the Registry, and may there be referenced marginally on the record of the Deed.

By the Court. (Piper, J.)