Ads for Trial Court Probate and Family Court in Pittsfield, MA

COMMONWEALTH OF MASSACHUSETTS The Trial Court Probate and Family Court Department Berkshire Division Docket No. BE24E0013 TO: Nancy A. Monk of Monterey, Massachusetts, Trustee of the Christopher Monk Nominee Trust and all other persons interested; A Petition for Partition, dated March 5, 2024 and filed April 12, 2024 (as amended) has been presented to said Court by Roger M. Monk of Warwick, Rhode Island, representing that he holds as tenant in common an undivided part or share in certain real estate situate in Monterey, Berkshire County, Massachusetts, and described as follows: Locus of Property: 32 Elephant Rock Road, Monterey, Massachusetts 01245: The land in Monterey, Massachusetts, consisting of the westerly portion of Lot #10 on a map of the Grace Scott Elephant Rock Property on file in the Southern Berkshire Registry of Deeds, in file drawer #62, and bounded and described as follows: Beginning at a point in the southerly line of land of Harold Fenn and in the westerly boundary of a road leading to the lake shore lots on the above mentioned map; thence westerly along the line of said Penn's land 114 feet, more or less, to a pipe in or near the lake shore thence along the lake shore in a general southerly direction 100 feet, more or less, to a pipe; thence easterly in a line parallel with the first mentioned line 134 feet, more or less, to a pipe in the wested side of said road; thence along the westerly boundary of said road to the place of beginning. Meaning an intending to convey, and hereby conveying a parcel of land bounded on the east by the westerly boundary of said wood road; on the west by the lake shore; and on the north and south by two parallel lines 100 feet apart. Also hereby conveying a right of way to be used in common with others and with Edward C. Scherrer, from said premises to the public highway known as Hupl Road. Being the same premises conveyed to the grantor and grantees herein by deed of Arthur J. Monk, Trustee, dated September 14, 2006, and recorded in the Southern Berkshire Registry of Deeds m Book 172, Page 160. Further granting the benefit of the easement, as more specifically set forth in an mstrument entitled Grant of Well & Water Line Easement, granted by Louise D. Buonaguro and Annette Swanson to the grantor and grantees herein, dated April 7, 2007, and recorded in said Registry of Deeds 1 Book 1762, Page 284. The common title to the property is derived under a deed from William T. Monk to Roger M. Monk and Nancy A. Monk dated June 29, 2015 and recorded with the Southern Berkshire Registry of Deeds in Book 2313 Page 150. And, if the Court finds that said land cannot be advantageously divided, the petitioner desires that all of said land may be sold at private sale for not less than $700,00.00 and praying that partition may be made of all the land aforesaid according to law, and to that end that a commissioner be appointed to make such partition of all, or any part of said land which the Court finds cannot be advantageously divided at private sale; and be ordered to distribute the net proceeds thereof in uch manner as to make the partition just and equal. If you desire to object thereto, you or your attorney should file a written appearance in said Court at 44 Bank Row, Pittsfield, MA 01201, before ten o'clock in the forenoon on the 3rd day of June, 2024, the return day of this citation. WITNESS, Richard A. Simons, First Justice of said Court, this 19th day of April 2024. Anthony P. Patella, Register Campoli, Monteleone & Mozian, P.C. 27 Willis St. Pittsfield MA 01201 AD# 84336 04/30/2024, 05/07/2024, 05/14/2024