Opinion
Nos. 03-P-205, 03-P-217.
August 20, 2004.
DECISIONS PURSUANT TO RULE 1:28.
In No. 03-P-205 the order of the single justice denying the motion for reconsideration is affirmed. In No. 03-P-217 the decision and order (case 94P0314C1) of February 13, 2001, is vacated. So much of the memorandum of decision and orders of December 14, 2001, as: (1) denied the motion for a new trial and amendment of judgment (94P0314C1); (2) allowed the motion to dismiss the complaint for declaratory judgment (00E0126GC1); and (3) allowed the motion to dismiss the petition to remove trustees (01E0005GC1) is vacated. In all other respects, the memorandum of decision and orders of December 14, 2001, is affirmed. The consolidated cases are remanded to the Probate Court for further proceedings on the foregoing matters in accord with this memorandum and order. Upon receipt of the rescript the Probate Court also shall issue an order, similar to the single justice's order of August 6, 2002, page seventeen, paragraphs three and five (R.A. 240, 03-P-217), generally enjoining Chester from evicting Donna or Judith or selling or encumbering the real properties held in trust. This order will remain in effect until such time as the Probate Court has concluded its hearing on these cases and issued whatever decisions and orders it deems necessary and appropriate. The single justice's order of August 6, 2002, shall remain in effect until such time as the Probate Court issues its injunction.