Court Case Record ELIZABETH GAY MATTESON vs. ROBERT L. WALSH 2010-P-0537 UID(f4b9)


Court Case Number: 2010-P-0537

Case Number2010-P-0537
Case TypeCivil
StateMassachusetts, MA
CourtBarnstable Superior Court
Court Address
Field Date05/07/2007
Close Date07/13/2011


Sharon Marchbanks, Esquire E. James Veara, EsquireElizabeth Gay MattesonPlaintiff/Appellant
Peter S. Farber, EsquireRobert L. WalshDefendant/Appellee
Entry Date Paper Entry Text
03/26/2010 #1 **** Cross Appeal ****
03/26/2010 #2 Entered.
03/26/2010 #3 Notice of entry sent.
03/26/2010 #4 Additional docket fee in the amount of $300.00 received from Peter S. Farber, Esquire.
05/04/2010 #5 SERVICE of brief & appendix for Plaintiff/Appellant Elizabeth Gay Matteson. Appx = 1 vol, 7 sets; Exhibits = 1 vol, 5 sets; Trans = 1 vol, 2 sets.
05/26/2010 #6 SERVICE of brief for Defendant/Appellee Robert L. Walsh.
10/15/2010 #7 Notice of 11/12/2010, 9:30 AM argument at John Adams Courthouse, Courtroom 4 sent.
11/30/2010 #8 ORDER FOR SUPPLEMENTAL BRIEFING: "The parties are requested to submit supplemental briefing on two questions: 1) whether the remainder interest devised by Clause the First of the will of Dorothy G. Walsh (by which a life estate was devised to the defendant Robert L. Walsh), which states that ". . . , the remainder is to be divided in three (3) equal shares between the heirs of the said Robert Walsh, Elizabeth G. Matteson . . . , and Catherine T. Baisly . . . , or their heirs by right of representation" was correctly interpreted by the trial judge when he ruled that Matteson and Baisly had a direct remainder interest (other than as heirs of Walsh), or whether the clause is properly interpreted to have created the remainder interest in equal shares to the heirs of Matteson, Baisly and Walsh; and, 2) if said clause should properly be interpreted as having created the remainder interests in the heirs of Walsh, Matteson and Baisly, whether said interests should be represented independently from the children of Dorothy Walsh, due in part because the respective interests may be in conflict. The parties are granted leave to submit such supplemental briefs, not to exceed fifteen pages in length, on or before December 31, 2010." (McHugh, Sikora & Fecteau, JJ.) *Notice/Image.
11/12/2010 #9 Oral argument held. (McHugh, J., Sikora, J., Fecteau, J.).
12/23/2010 #10 SERVICE of supplemental brief for Plaintiff/Appellant Elizabeth Gay Matteson.
12/30/2010 #11 SERVICE of supplemental brief for Defendant/Appellee Robert L. Walsh.
05/02/2011 Decision: Full Opinion (Fecteau, J.). So much of the judgment that grants an interest in common in the property at issue to Robert L. Walsh is to be vacated; that portion of the judgment that grants a one-third undivided interest in the property in common to each of Elizabeth Gay Matteson and Catherine Baisly is affirmed. The case is remanded for further proceedings consistent with this opinion, to identify the "heirs of Robert Walsh" and to grant such heirs an interest in the remaining one-third of the property. *Notice.
05/17/2011 PETITION for Rehearing, filed by Robert L. Walsh.
05/23/2011 ORDER: Denial of petition for rehearing. (MC SK FE, JJ.) Notice/Image
05/24/2011 Copy of FAR application of Robert L. Walsh.
07/06/2011 FAR DENIED (on 07/01/2011).
07/13/2011 RESCRIPT to Trial Court.