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McGOVERN v. McGOVERN

No. 09-P-654.

77 Mass. App. Ct. 688 (2010)

FRANCIS J. McGOVERN, individually and as trustee, & others v. CHRISTINE M. McGOVERN & another.

Appeals Court of Massachusetts, Suffolk.

September 16, 2010.

Attorney(s) appearing for the Case

George P. Lordan, Jr. (Dennis P. Derrick with him) for the defendants.

Alvin S. Nathanson for the plaintiffs.

Present: LENK, GRASSO, & BERRY, JJ.

LENK, J.

This dispute among family members concerns the fee to and easement rights over a private paved driveway now known as Bagley Avenue in Bedford.4 The judge concluded that by operation of G. L. c. 183, § 58, the derelict fee statute, plaintiffs Francis and Phyllis McGovern own the easterly portion of Bagley Avenue to the center, and defendants Christine McGovern and Anthony Leonti own the westerly portion of Bagley Avenue to...

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