ARLENE STIGUM v. ELLEN JOHNSON and KATHERINE CHRISTIE. MARY CURLEY v. EGIL STIGUM and ARLENE STIGUM

For the reasons set forth in the Memorandum and Order Denying Third-Party Defendant Egil Stigum’s Motion to Dismiss for Lack of Subject Matter Jurisdiction at 3-4, 6-7 (Apr. 28, 2008), plaintiff Arlene Stigum’s tort-based damages claim for waste against defendants Ellen Johnson and Katherine Christie, and Third-Party Plaintiff Mary Curley’s claims against Third-Party Defendants Arlene Stigum and Egil Stigum arising from the creation or operation of the greenhouse business that was located at 262 Hartford Avenue for a time, or for Ms. Stigum’s handling of the sale of an unrelated property in Walpole, are DISMISSED, WITHOUT PREJUDICE. For the reasons set forth in the Memorandum and Order on Third-Party Defendant Egil Stigum’s Motion for Summary Judgment (Oct. 10, 2008), all claims in this action against Mr. Stigum are DISMISSED, WITH PREJUDICE. For the reasons set forth in the Court’s Decision of this date, Third-Party Plaintiff Mary Curley’s and Defendants Ellen Johnson’s and Katherine Christie’s claims against Plaintiff/Third-Party Defendant Arlene Stigum for rescission or constructive trust, and all of the underlying claims for fraud, undue influence and breach of fiduciary duty associated therewith, are DISMISSED, WITH PREJUDICE. Ms. Stigum’s claims against Ms. Johnson and Ms. Christie for waste are ALLOWED to the following extent: if Ms. Johnson and Ms. Christie promptly renounce their life tenancies, full fee simple title to the 462 Hartford Avenue property shall vest in Ms. Stigum upon Ms. Stigum’s reimbursement of the sums they have paid towards property-related expenses pursuant to this court’s interim orders. If Ms. Johnson and Ms. Christie choose to remain life tenants, they must promptly reimburse Ms. Stigum their unpaid share of the property’s taxes (i.e., 25% each), , as well as their share of all repairs necessary to keep the property in weathertight, undamaged condition, from now until the time their life tenancy ends. If Ms. Stigum wishes the property to be insured, she must pay for such insurance herself.

SO ORDERED.

By the court (Long, J.)