O'Donnell v. O'Donnell

A judge of the Land Court dismissed the plaintiffs’ complaint due to the pendency of a prior action in the Probate and Family Court. See Mass.R.Civ.P. 12(b)(9), 365 Mass. 754 (1974). In this appeal, the plaintiffs contend that the judge erred in not asserting the Land Court’s exclusive original jurisdiction over matters affecting title to registered land under G. L. c. 185, § l(tiV2). Because we agree with the judge that the Land Court did not have exclusive original jurisdiction over this dispute, we affirm.

Background. The plaintiffs are the four adult sons of the defendant, Frances M.…