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Commonwealth of Massachusetts
Land Court Department
Trial Court
DUKES, SS.
CASE NO. 22 MISC 000461 (JSDR)
Alan P. Slatas
v.
The Estate of Wesley D. James, The
Estate of Bertha J. Minor, and The Estate of Alonzo James, Jr., et al.
TO: Wesley D. James, deceased, formerly of Plymouth, Plymouth County and said Commonwealth; Bertha J. Minor, deceased, formerly of Sacramento, California; Alonzo B. James, Jr., deceased, formerly of New Smyrna Beach, Florida or their heirs, devisees, or legal representatives and all other persons interested
You are hereby notified that a petition has been presented to said Court by Alan P. Slatas, of New York, New York representing that he holds, as tenants in common, an undivided percent or share of certain land lying in Aquinnah, in the County of Dukes, and briefly described as follows:
The land with improvements thereon situated in the Town of Aquinnah County of Dukes County, Commonwealth of Massachusetts, bounded and described as follows:
Being Lot# 124 as shown on a Map of the Division of Indian Lands at Gay Head, said lot being subject to the following two exceptions:
1) That portion of Lot 124 lying to the Eastward of the Gay Head Cemetery Road between that road and the boundary wall between Lots #124 and #125, being in length approximately 172 feet, plus or minus, which is the property now or formerly of Hellen A. Attaquin; and
2) Lot# 124 is subject to the rights of members of the Cooper family of Gay Head, Massachusetts to pass and repass over an existing old road which crosses Lot 124 from the so called Cemetery Road to the grave sites of members of the Cooper family buried on land outside the Gay Head Cemetery wall.
Lot #124 is bounded and described as follows:
Beginning at the Southeast comer of the Grave Yard and Northeast corner of land now or formerly of Johnson Peters, thence by land now or formerly of Patrick Divine N 83° E 5 rods 15 links to land now or formerly of Avis James and a stone wall, and by the same S 15 ½° E a distance of 6 rods, thence S 26 ½° E 3 rods 14 links to a bound, thence by the commons, N 62 ¼° W 7 rods 13 links to land now or formerly of heirs of Hetty Ames deceased, thence by the same, N 21 ¾° W 2 rods 24 links and by land now or formerly of Johnson Peters N 21 ¾° W to the place of commencement.
The common title to this land is derived under a deed of Indian Set off Lot 124 dated October 26, 1876 recorded with the Dukes County Registry of Deeds in Book 49, Page 174;
setting forth that he desires that all the described land may be sold at private sale for not less than $20,000.00 dollars 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 and be ordered to make sale and conveyance of all, or any part of said land which the Court finds cannot be advantageously divided either at private sale or public auction, and be ordered to distribute the net proceeds thereof.
This complaint may be examined at the Land Court, Boston, Massachusetts, or a copy obtained from plaintiff's attorney.
If you intend to make any defense, you are hereby required to serve upon the plaintiff's attorney, Timothy M. Moriarty, Esq. of Brush, Flanders & Moriarty, LLC, 459 State Road-P.O. Box 1317, West Tisbury, MA 02575, 508-693-7733, an answer to the complaint on or before the twenty-ninth day of May, 2023, next, the return day, hereof, and a copy thereof must be filed in this court on or before said day.
If you fail to do so, judgment by default will be taken against you for relief demanded in the complaint. Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arise out of the transaction or occurrence that is the subject matter of the plaintiffs' claim, or you will thereafter be barred from making such claim in any other action.
April 13, 20, 27, 2023 23-00056G