Home KATHLEEN M. VITELLO v. LOUISE BROWN, individually and as successor Trustee of the Louise Kaszanek Trust of April 8, 1968

MISC 12-459863

January 22, 2013

Sands, J.


Plaintiff filed her unverified Complaint on February 28, 2012, pursuant to G. L. c. 240, § 6, seeking to quiet title to property located at 222 Winter Street, Hanson, MA (“Locus”). A case management conference was held on April 4, 2012, at which Defendant Louise Brown (“Brown”), individually and as successor Trustee of the Louise Kaszanek Trust of April 8, 1968 (the “Trust”) failed to appear. This court issued a Fifteen Day Order to which Defendant did not respond. Defendant was defaulted on August 23, 2012. Plaintiff filed her Motion for Summary Judgment on September 20, 2012, together with supporting brief, Statement of Material Facts, and Index containing Affidavits of Wesley A. Morris, Esq. and Kathleen M. Vitello. Brown did not file an opposition. There was no oral argument. A Decision of today’s date has been issued (the “Decision”). In accordance with the Decision, it is hereby:

ORDERED and ADJUDGED that the Trust terminated upon the happening of Plaintiff turning thirty on May 1, 1993.

ORDERED and ADJUDGED that Brown has breached her fiduciary duty as trustee of the Trust.

ORDERED and ADJUDGED that within thirty days from the date of the Decision, Brown, as Trustee of the Trust, shall convey Locus by deed to Plaintiff and Brenda Kaszanek, Plaintiff’s sister (“Brenda”) as tenants in common. [Note 1]

ORDERED and ADJUDGED that Plaintiff’s Motion for Summary Judgment is ALLOWED IN PART.

So ordered.

By the court. (Sands, J.)


[Note 1] The Complaint requested that Plaintiff be granted immediate possession of Locus. Brenda, however, was not a party to this action. As a result, it is unclear as to whether Plaintiff and Brenda want immediate possession of Locus. Plaintiff and Brenda will need to resolve the issue of possession between themselves, as tenants in common.