Janet Catanzano, Susan Austin, Carol Fredo, Michael A. Fredo, Jane Shea and Edwina M. Fredo, Petitioners, v. Robert F. Fredo, Jr., Respondent

By Interim Order dated July 12, 2019, the court appointed Jan E. Dabrowski, Esquire to serve as Partition Commissioner for the subject property known and numbered as 151 Surf Drive, Falmouth, Massachusetts [Note 1] (the "Partition Parcel"). On November 19, 2019, the court issued an Order by Warrant to the Commissioner Jan E. Dabrowski, Esquire to effectuate partition by authorizing and directing a private sale, at market value, free and clear of all liens and encumbrances of the Partition Parcel, pursuant to G.L. c. 241, §§ 12 and 31. On November 20, 2019, the court issued a First Amended and Corrected Warrant to Commissioner Jan E. Dabrowski, Esquire to sell the Partition Parcel by private sale. On May 06, 2020, the court ALLOWED Commissioner's Motion to Extend Warrant through November 20, 2020. On July 21, 2020, due to the registered land aspect of the Partition Parcel, the court issued a Second Amended and Corrected Warrant to Commissioner Jan E. Dabrowski, Esquire, directing that upon court approval of the price and terms of sale, Commissioner's Deed to include a provision stating that a new Certificate of Title shall be issued pursuant that deed, subject to the provisions of G. L. c. 185, § 92. On September 23, 2020, the Commissioner filed his Commissioner's Final Report, together with a Stipulation and Agreement of the Parties and Accounting ("Final Accounting"). All parties having agreed to the Final Accounting and distribution of sale proceeds, Commissioner has disbursed payments in accordance with his Final Report and has endorsed and returned his warrant to the court.

After review, it is hereby

ORDERED and ADJUDGED that the court ACCEPTS, APPROVES, and CONFIRMS the Final Accounting, together with the distribution of sale proceeds by the Commissioner, for the Partition Parcel, consistent with his return of the Warrant and his Final Accounting. It is further

ORDERED AND ADJUDGED that the partition ordered in the Warrant, having been accomplished in a manner satisfactory to the court, the PARTITION BE FIRM AND EFFECTUAL FOREVER. It is further

ORDERED AND ADJUDGED that pursuant to G. L. c. 185, § 92 the Commissioner shall ensure that certified copies of this Judgment Confirming Partition (Property Located At 151 Surf Drive, Falmouth, Massachusetts) and his return of Warrant are registered at the Registry District of Barnstable County of the Land Court.

So Ordered.