Whitcomb v. Smith

Davis, Brian A., J.

Introduction

This is an unhappy dispute between family members concerning the disposition of the family homestead. The property at issue is located at 236 Union Street, Hanover, Plymouth County, Massachusetts (the “Property”). Plaintiff Kathleen Whitcomb (“Mrs. Whitcomb”) is the daughter of Defendant Mary L. Smith (“Mrs. Smith”).1 Plaintiff Scott Whitcomb (“Mr. Whitcomb”) is Mrs. Whitcomb’s husband. Mrs. Whitcomb grew up on the Property with her parents, the Smiths.

By means of this action, the Whitcombs seek to enforce a written agreement whereby the Whitcombs agreed to move…