TERRY K. MOND and WILLETTA PITTS-GIVENS, As They are the Temporary Co-Executors of the Estate of Lorenzo Pitts v. LORENZO PITTS, JR. and ROBERT PITTS.

This case, commenced in this court April 29, 2011, came on to be tried to the court (Piper, J.). In a decision of even date, the court has made findings of fact and rulings of law. In accordance with the court’s decision [Note 1] issued today, it is

ORDERED, ADJUDGED, and DECLARED that, pursuant to the declaration of trust for the Esperanza Trust, dated February 13, 1980, and recorded with the Suffolk Registry of Deeds in Book 9385, Page 247, the trust, if not earlier terminated, terminated upon the death of the settlor, Lorenzo Pitts, Sr., on September 3, 2009, at which time the title to the real estate held in the trust passed, free of any trust, to Lorenzo Pitts, Sr.’s heirs and devisees, as set out in his last will and testament as by codicil last amended prior to his death. Defendants Lorenzo Pitts, Jr. and Robert Pitts took no title to the real estate which constituted the corpus of the Esperanza Trust under its terms at the time Lorenzo Pitts, Sr. died. It is further

ORDERED, ADJUDGED, and DECLARED that, pursuant to the declaration of trust for the Fort Hill Trust, dated December 1, 1984, and recorded with the Suffolk Registry of Deeds in Book 11658, Page 152, the trust, if not earlier terminated, terminated upon the death of the settlor, Lorenzo Pitts, Sr., on September 3, 2009, at which time the title to the real estate held in the trust passed, free of any trust, to Lorenzo Pitts, Sr.’s heirs and devisees, as set out in his last will and testament as by codicil last amended prior to his death. Defendants Lorenzo Pitts, Jr. and Robert Pitts took no title to the real estate which constituted the corpus of the Fort Hill Trust under its terms at the time Lorenzo Pitts, Sr. died. It is further

ORDERED, ADJUDGED, and DECLARED that the Esperanza Trust terminated pursuant to the doctrine of merger on June 11, 1997, and was not at any time thereafter revived, re-instituted or re-created. From that date forward, the title to the real estate held in the trust was held by Lorenzo Pitts, Sr. free of any trust, and free of any right, title or interest of the defendants. It is further

ORDERED, ADJUDGED, and DECLARED that the Fort Hill Trust terminated pursuant to the doctrine of merger on April 26, 2005, and was not at any time thereafter revived, re-instituted or re-created. From that date forward, the title to the real estate held in the trust was held by Lorenzo Pitts, Sr. free of any trust, and free of any right, title or interest of the defendants.

It is further

ORDERED that today’s decision and this judgment dispose of this case in its entirety.

No costs, fees, damages, or other amounts are awarded to any party.

By the Court.