Legal Opinion

Pacelli v. Pacelli

Massachusetts Appeals Court

Decided July 30, 2018No. 17-P-498Published

1Opinion of the Court

At issue in this case is whether an agreement among siblings (agreement) in regard to property located at 134 Thorndike Street in Cambridge (locus) is enforceable to prohibit partition of the locus without the unanimous consent of Vincent, Gerald, John, and Joseph Pacelli. The issue was presented to the Land Court judge on summary judgment, and our review is "de novo because we examine the same record and decide the same questions of law." Casseus v. Eastern Bus Co., 478 Mass. 786, 792 (2018), quoting from Kiribati Seafood Co. v. Dechert LLP, 478 Mass. 111, 116 (2017).3 For the reasons stated…

2Cases cited15 opinions

  1. Starr v. FordhamMassachusetts Supreme Judicial Court · 1995
  2. Worcester Mutual Insurance v. MarnellMassachusetts Supreme Judicial Court · 1986
  3. Casseus v. E. Bus Co.Massachusetts Supreme Judicial Court · 2018
  4. Franklin v. SpadaforaMassachusetts Supreme Judicial Court · 1983
  5. Barnett v. RosenMassachusetts Supreme Judicial Court · 1920

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