Ann C. Brine and William H. Brine, Sr., as Trustees of the Mabel Johnson Family Trust (Trustees) filed their Complaint to Remove Cloud On Title (G.L. 240, §§ 6-10) on August 23, 2016, and their Amended Complaint to Remove Cloud On Title (G.L. 240, §§ 6-10) on September 30, 2016 (Complaint). The Trustees dismissed the claims against defendants Westport Historical Society, Inc. and Descendants of Whaling Masters, Inc. on November 7, 2016. The Trustees dismissed the claims against defendants Mount Holyoke College and College of Physicians & Surgeons of Columbia University on December 12, 2016. The Trustees dismissed the claims against defendants Bruce E. Wood, Lois E. Boyd, Dawn Ella Anderson, Nancy W. Kiesman, William J. Wood, Sr., and Kevin Wood on January 25, 2017. The Trustees dismissed the claims against defendants Therese M. Almond and Robert S. Almond on March 8, 2017. The Trustees dismissed the claims against defendants Adam Wood and Eric Wood on April 13, 2017. Defendant Allan Bruce Campbell filed his Answer and Affirmative Defenses on August 10, 2017.
On November 1, 2017, the Plaintiffs filed their Motion for Judgment on the Pleadings or in the Alternative for Summary Judgment. On November 30, 2017, defendant Allan Bruce Campbell filed his Cross-Motion for Judgment on the Pleadings or in the Alternative for Summary Judgment.
The cross-motions for judgment on the pleadings came to be heard on January 12, 2018. In a Memorandum and Order of even date, the court (Foster, J.) has denied Plaintiffs' Moiton for Judgment on the Pleadings and allowed the defendant Allan Bruce Campbell's Cross-Motion for Judgment on the Pleadings.
In accordance with the court's Memorandum and Order issued today, it is
ORDERED, ADJUDGED, and DECLARED that upon her death on April 9, 1970, Mabel B. Johnson held a 25% undivided interest in that 44-acre vacant parcel of land in West Tisbury, Massachusetts, known as Watcha Division Lot #12, as more fully described in the deed of distribution from Lynda F. MacDonald a/k/a Lynda MacDonald, as Personal Representative of the Estate of Nathaniel Johnson Burt a/k/a Nathaniel J. Burt to Lynda F. MacDonald dated June 25, 2015 and recorded in the Dukes County Registry of Deeds (registry) at Book 1382, Page 577. It is further
ORDERED and ADJUDGED that the claims of the Complaint against defendants Bruce E. Wood, Lois E. Boyd, Dawn Ella Anderson, Nancy W. Kiesman, William J. Wood, Sr., Kevin Wood, Therese M. Almond, Robert S. Almond, Mount Holyoke College, College of Physicians & Surgeons of Columbia University, Westport Historical Society, Inc., and Descendants of Whaling Masters, Inc., Adam Wood, and Eric Wood are DISMISSED with prejudice. It is further
ORDERED, ADJUDGED, and DECLARED that upon payment of all required fees, this Judgment or a certified copy of this Judgment may be recorded at the registry and marginally referenced on all relevant documents.
SO ORDERED
ANN C. BRINE and WILLIAM H. BRINE, SR., as Trustees of the Mabel Johnson Family Trust v. ANY UNKNOWN HEIRS, DEVISEES, GRANTEES, CREDITORS, AND OTHER PERSONS CLAIMING BY, THROUGH AND UNDER MABEL B. JOHNSON, BRUCE E. WOOD, LOIS E. BOYD, DAWN ELLA ANDESON, NANCY W. KIESMAN, WILLIAM J. WOOD, SR., BRUCE CAMPBELL, THERESE M. ALMOND, ROBERT S. ALMOND, MOUNT HOLYOKE COLLEGE, COLLEGE OF PHYSICIANS & SURGEONS OF COLUMBIA UNIVERSITY, WESTPORT HISTORICAL SOCIETY, INC., WESTPORT ART GROUP, INC., PACIFIC UNION CONGREGATIONAL CHURCH, FIRST WESTPORT UNITED METHODIST CHURCH, HEIRS OF AMANDA GELPKE, HEIRS OF BARRY WOOD, and TRUSTEES u/w ELLA SHERBERG f/b/o ADAM RYAN WOOD and ERIC EVERETT WOOD.