Plaintiffs Katherine A. Slover and William L. Slover initiated this action on October 20, 2014, seeking specific performance pursuant to G. L. c. 185, § 1(k), of an alleged written contract in which Katherines mother, Defendant Josephine Carpenter, agreed to gift deed her one-half interest in a home located at 100 Main Street in Nantucket (Subject Property). Josephine owns the Subject Property in common with her brother, Defendant Walter W. Boyd, Jr. (Walter), against whom the Slovers also sought specific performance based on a breach of contract theory. The complaint (styled as a Petition for Judicial Review) also sought specific performance based on their alleged detrimental reliance on oral promises made by Josephine. The Slovers also sought damages in quantum meruit against both Defendants.
On June 12, 2015, after hearing and briefing, the court allowed Walters Motion for Judgment on the Pleadings effectively resolving all counts against Walter and removing him from the case.
Josephine moved for summary judgment on the remaining counts against her on July 8, 2015. A hearing was held on October 6, 2015, at which all parties were heard. A decision of todays date has issued and in accordance with that decision it is hereby:
ORDERED that Defendant Josephine Carpenters Motion for Summary Judgment is ALLOWED; and it is further
ORDERED that all counts of Plaintiffs Complaint against Josephine Carpenter and Walter W. Boyd, Jr., are DISMISSED, with prejudice.
In the event Plaintiffs do not timely file an appeal, the Recorders office will issue a Clerks Certificate, dealing with the lis pendens on record against the Subject Property.
By the court