MISC 17-000716

April 1, 2019

Worcester, ss.



This action was commenced on December 18, 2017 with the filing of a complaint by plaintiff William C. Fage ("Mr. Fage") against the children of his deceased wife's prior marriage, defendants Wendy Bishop ("Ms. Bishop"), Christopher Grant ("Christopher") and Douglas Grant ("Douglas"), seeking to clear title to property located at 1 Williams Street, Sterling, Massachusetts ("the Property"). Ms. Bishop entered into an agreement for judgment that was filed with the court on April 25, 2018 and approved by the court on April 1, 2019. Christopher was defaulted on March 23, 2018. An amended complaint was filed in July, 2018, and an answer thereto by Douglas was filed in August, 2018.

This case came on for hearing on Plaintiff William C. Fage's Motion for Judgment on the Pleadings. In a decision dated April 1, 2019, the court (Roberts, J.) has determined that judgment shall enter in favor of the plaintiff on Count III of the amended complaint.

In accordance with the court's decision, it is

ORDERED, ADJUDGED, and DECLARED, on Count III of the amended complaint that the deed of the Property from Mr. Fage to "The Fage Family Trust, Claire Fage, Trustee" dated May 10, 1996 and recorded at the Worcester County Registry of Deeds in Book 18398, Page 241, conveyed the Property in trust for the benefit of Mr. Fage; that the trustees from time to time of The Fage Family Trust, whether Ms. Claire Fage, Mr. Barry Watson or Mr. Lee Lambeth, held the Property in constructive trust for Mr. Fage; and that the deed of the Property from Mr. Watson to Mr. Fage dated September 21, 2001 and recorded at the Registry at Book 25527, Page 345 was effective to transfer title to the Property to Mr. Fage.

It is further

ORDERED and ADJUDGED that Counts I and II of the amended complaint are dismissed without prejudice.

It is further

ORDERED and ADJUDGED that this Judgment is a full adjudication of all the parties' claims in this case, and all prayers for relief by any party in this action which are not granted in the preceding paragraphs are DENIED.

It is further

ADJUDGED and DECLARED that upon payment of all required fees, this Judgment, or a certified copy of it, may be recorded at the registry and marginally referenced on all relevant documents.

By the Court.