MADELINE I. MERCHANT, Plaintiff v. PAUL A. FITZ-WILLIAM, Defendant

In a Motion for Instructions, filed with the court on October 19, 2020, the Commissioner informed the court that Respondent Paul A. Fitz-William has failed to respond to the Commissioner's efforts to distribute to him the amount of $2,123.90, representing his share of the proceeds of the sale of the real estate located at 290 Hatherly Road, Scituate, that is the subject of this partition action. In accordance with the instructions of this court, the Commissioner has made multiple attempts to contact Mr. Fitz-William, and he has been advised by Mr. Fitz-William that he is unwilling to accept the proceeds. The court accepts the representations of the Commissioner, and accordingly ORDERS as follows:

It is hereby

ORDERED that the Commissioner shall, by a check payable to the Land Court, and delivered to the Recorder of the Land Court with a copy of this ORDER, pay said proceeds into the court, and shall notify Respondent Paul A. Fitz-William and the other parties to this action that he has paid said funds into court and shall transmit to them a copy of this ORDER. The Commissioner shall thereafter be discharged, having completed his duties with respect to the present action;

ORDERED that notice of this ORDER shall be sent to the parties to this action;

It is further

ORDERED said funds shall be held by the court subject to being claimed by Respondent Paul A. Fitz-William within three years of the date said funds are paid into court, as further provided below; and

It is further

ORDERED that in accordance with Chapter 200A, § 6 of the Massachusetts General Laws, said funds shall be deemed abandoned and shall be escheated to the Commonwealth should the Respondent fail to claim said funds within three (3) years after the date of payment into court.

So Ordered.