MISC 10-442018

February 9, 2012

Sands, J.


Plaintiff Scott E. Hills (“Scott”) filed his Verified Complaint on October 25, 2010, pursuant to the provisions of G.L. c. 231A, seeking a declaratory judgment relative to ambiguity in a deed of property located at 1169 Shootflying Hill Road, Barnstable, Massachusetts 02632 (“Locus”). Defendant Lee Emery (“Lee”) filed her Answer on December 7, 2010. A case management conference was held on June 17, 2011, at which time the parties reported that the case was settled pending a sale of Locus.

The sale of Locus fell through after the potential buyer notified Scott of a cloud on the title to Locus. After the sale fell through, Scott filed a Motion for Judgment on the Pleadings on September 1, 2011, along with a Motion for Equitable Orders. On September 28, 2011, Lee filed an Opposition to the Motion, along with a supporting brief. Scott filed Responses to Lee’s Opposition to the Motion, along with supporting briefs. The parties elected to waive a hearing on the Motion, and the matter was taken under advisement on November 14, 2011. A decision of today's date (the “Decision”) has been issued.

In accordance with the Decision, it is hereby:

ORDERED and ADJUDGED that this case can be determined based upon an interpretation of a deed dated June 9, 1962, and recorded with the Barnstable Registry of Deeds at Book 1163, Page 320 (the “1962 Deed”), be decided on the pleadings, and no trial is necessary.

ORDERED and ADJUDGED that the 1962 Deed granted Locus to Dorothy W. Hills (“Dorothy”), with a right of survivorship in Thorburn W. Hills (“Thorburn”). Consequently, on Dorothy's death, Thorburn took 100% interest in Locus, and upon his death, his son Scott took 100% interest in Locus.

ORDERED and ADJUDGED that Plaintiff's Motion for Judgment on the Pleadings is ALLOWED.

By the court. (Sands, J.)