Sparrow v. Demonico

A family dispute over ownership of what had been the family home in Woburn prompted Frances M. Sparrow 2 to file a complaint in the Superior Court against her sister, Susan A. Demonico, and Susan’s husband, David D. Demonico. 3 Prior to trial, the parties resolved their differences by a settlement agreement reached during voluntary mediation. When Sparrow sought an order enforcing the agreement, a Superior Court judge denied her motion, concluding in essence that, due to mental impairment, Susan lacked the capacity to contract at the time of agreement. Sparrow appealed and, after initially…