MISC 14-482393

May 5, 2017

Dukes, ss.



This action commenced on March 20, 2014, as an action for declaratory judgment and to try title in which the plaintiff seeks to establish her rights as a joint tenant with rights of survivorship to certain property in Chilmark, Dukes County. The case came on for trial by the court (Speicher, 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, it is

ORDERED, ADJUDGED and DECLARED that on Count I of the First Amended Verified Complaint, seeking a declaratory judgment, plaintiff Melanie Wells is the owner of an undivided one-half interest as joint tenant with rights of survivorship to the property in Chilmark conveyed to her by deed dated June 27, 2013 and recorded with the Dukes County Registry of Deeds on June 28, 2013 in Book 1322, Page 280, and with the Land Court District of the Registry in Book 73, Page 265 and noted on certificate of title no. 13544 ("Property"); and it is further

ORDERED and ADJUDGED that Count II of the First Amended Complaint, asserting a claim to try title, is DISMISSED; and it is further

ORDERED and ADJUDGED that defendant Richard Coleman's Amended Counterclaim, asserting claims for undue influence/rescission (Count I), breach of contract/promissory estoppel (Count II), breach of fiduciary relationship (Count III), breach of confidential relationship (Count IV), contribution (Count V), and constructive trust (Count VI) is DISMISSED WITH PREJUDICE; and it is further

ORDERED that today's decision, and this Judgment issued pursuant thereto, dispose of this entire case; the court has adjudicated or dismissed all claims by all parties in this action and has not reserved decision on any claim or defense, and it is further

ORDERED that no costs, fees, damages or other amounts are awarded to any party.

By the Court