Santella v. Driscoll
Santella v. Driscoll
Opinion of the Court
After a two-day trial, a judge of the Probate and Family Court concluded with respect to a deed to the subject property purportedly signed in 1996 by the plaintiffs, but recorded only in 2010, either that the plaintiffs did not sign the deed or that, if they did, their execution of that deed was not knowing, willing, and voluntary, because it was either procured through a misrepresentation by the defendant, on which the plaintiffs reasonably relied-and there was no opportunity for the plaintiffs to make a cursory examination or investigation-or the deed was fraudulently altered. The judge voided the deed, which is referred to by the parties, and which we will refer to, as "Deed 2."
In this appeal the defendant argues first that several of the judge's findings of fact were clearly erroneous or not supported by the evidence. We disagree. All relevant findings of fact were supported by the evidence and the reasonable inferences that might be drawn therefrom. Such inferences need not be inescapable, but only reasonable. The judge was entitled to credit the testimony of a notary, Lois Seymour, that she would not have notarized the purported signature page of the deed with the crossed-out section and alteration present on it. Likewise, the evidence of the fraudulent back-dating of the trust document, and of Joseph Driscoll's listing of the property on his bankruptcy petition after the alleged date of Deed 2, by which he purportedly divested himself of any interest in the property, support the inference that Deed 2 was altered after notarization, or that the plaintiffs were fraudulently induced to execute it. Further, the absence of any theory put forward by the defendant at trial to explain why the transfer of the property would have been undertaken in two steps, through two different deeds, executed essentially at the same time-by the first of which the plaintiffs retained an interest in the property and by the second of which, Deed 2, they purported to divest themselves of that interest-supports the inferences drawn by the judge.
The defendant claims that fraud and misrepresentation were inadequately pleaded. First, the amended complaint alleged fraud in the forging of Deed 2, and identifies the deed that the defendant allegedly forged, as well as the date on which the forgery allegedly occurred. This satisfies the heightened pleading standards for fraud under Mass.R.Civ.P. 9(b),
Next, the defendant contends that G. L. c. 183, § 30, was misapplied. This claim was not raised below and therefore is waived. Nonetheless, even were we to consider it, it lacks merit. The question here, unlike in the case of Gordon v. Gordon,
Finally, the defendant argues that her motion for a new trial should have been allowed. Aside from the claims that we have decided above, the defendant argued in her motion that she was denied the ability to put on her case. Because she has failed in her responsibility to provide us with all relevant transcripts it is difficult to assess her claim. See Mass.R.A.P. 9(c)(2) & (d), as amended,
So ordered.
Affirmed.
Deed 2 purported to convey the subject property to the Country Lane Realty Trust (trust). The judge also voided as fraudulent the declaration of trust. Although the parties seem to agree that this step was unnecessary given the voiding of Deed 2, and the fact that the only property purportedly held by the trust was the subject property, the defendant has not challenged the aspect of the judge's decision voiding the trust document except insofar as it followed from the voiding of Deed 2. In light of this and of our affirmance of the judge's decision with respect to Deed 2, we leave in place that aspect of the judgment also voiding the trust document.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.