REG 37535

June 21, 1979

Middlesex, ss.

Randall, C. J.


This is a petition brought pursuant to the provisions of G. L. c. 185, to register and confirm title to 3.1196 acres of land in Wilmington (hereinafter "locus") more particularly described in the petition and shown on the filed plan.

An answer was filed by Michael P. Papera and Pamela J. Papera but was later withdrawn. An answer and objection was filed by Norma D'Agostino who appeared pro se at the hearing on the matter. Respondent D'Agostino is the granddaughter of one Raffaele Passannante, from whom the locus was taken by the Town of Wilmington for non-payment of taxes in 1936. The respondent claims ownership of the entire locus by reason of being an heir of Raffaele Passannante.

The court finds the following:

1. The petitioners John W. Firth and Grace M. Firth acquired title to the property as tenants by the entirety by a deed from Robert P. Stevens, Trustee of Eastern Realty Trust dated April 21, 1971 and recorded in Book 1959, Page 591 at the Midd1esex North Registry of Deeds. (All book and page references are to the Middlesex North Registry of Deeds unless Qtherwise indicated.)

2. Robert P. Stevens, Trustee of Eastern Realty Trust acquired title by deed from Manuel R. Amaro, dated November 8, 1967, recorded in Book 1820 Page 162.

3. In turn, Manuel R. Amaro purchased the premises at a public auction held November 25, 1939, getting a treasurer's deed of the Town of Wilmington to the locus.

4. From 1915 until 1936, Raffaele Passannante, also known as Raffaele A. Passannanti, Raffale Passamente, and Angelo Passannante, was the owner of the locus. In 1936 the Town of Wilmington took the premises for non-payment of taxes for the year 1934 assessed to Raffaele Passannante. A sale of the property was held on September 26, 1936 and a tax deed to the town was executed October 10, 1936 and recorded in Book 891, Page 205. An affidavit to foreclose the tax title to land of low value in regard to the property was filed by the commissioner of corporations and taxation under the provisions of G. L. c. 60, §79 in Book 934, Page 177 on October 27, 1939.

Upon all of the evidence the Court finds and rules that the 1936 tax taking by the Town of Wilmington and the subsequent sale of the locus were conducted in conformity with the provisions of G. L. c. 60, §79-80A. The treasurer's deed to Manuel R. Amaro is valid and upon its recording title to the locus became absolute in him. The low value tax title foreclosure proceeding effectively destroyed Raffaele Passannante's interest in the locus. Whatever tiny fractional interest respondent D'Agostino might have had as his heir was also destroyed.

The petitioners are therefore entitled to a decree confirming title to the locus as described in the petition and shown on the filed plan subject to any matters disclosed by the examiner's report and not in issue here.

Decree accordingly.