WARD v. WARD

No. 06-P-1254.

70 Mass. App. Ct. 366 (2007)

ARTHUR LEONARD WARD v. ARTHUR LEONARD WARD, JR.

Appeals Court of Massachusetts, Middlesex.

October 3, 2007.


Attorney(s) appearing for the Case

Edward FitzGerald for the defendant.

Mark S. Furman (Melissa A. Potvin with him) for the plaintiff.

Present: KANTROWITZ, TRAINOR, & GRAINGER, JJ.


TRAINOR, J.

In this appeal we are asked to determine whether a conveyance of property by quitclaim deed, duly recorded, with the reservation of a life estate, can be rescinded based solely on a unilateral mistake by the grantor.

The plaintiff, Arthur Leonard Ward (Arthur, Sr.), commenced an action in the Superior Court against his son, the defendant, Arthur Leonard Ward, Jr. (Arthur, Jr.), seeking rescission (count I) and reformation (count II) of the deed...

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