T.W. Nickerson, Inc. v. Fleet National Bank

This case involves a dispute about property in Chatham. We summarize the facts, relying on the findings made by the Superior Court judge following a jury-waived trial, and supplementing where necessary by undisputed record evidence.

A. Procedural background. T.W. Nickerson, Inc. (plaintiff), is ■ a Massachusetts corporation that operates a “stump dump” business on the subject property.4 The property on which the plaintiff operates its business was owned by defendant Fleet National Bank (Fleet), as trustee of the Theodore W. Nickerson Trust (trust). Lillian Nickerson, who was the wife of…