Document for Orion Realty Company, Inc. vs. Estate of Rufus Curtis Read, Sr. Also Known As Rufus C Read et al

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Commonwealth of Massachusetts

 BRISTOL, ss.                                               TRIAL COURT OF THE COMMONWEALTH
                                                            SUPERIOR COURT DEPARTMENT
                                                           CIVIL DOCKET NG. BC SS MOREAIOR COURT
                                                                                      FILED
ORION REALTY CO., INC

Vv.                                                                               DEC 11 2023
                                                                                                 ESQ.
ESTATE OF RUFUS C. READ, ET. AL.                                          JE NNIFER A. SULLIVAN,
                                                                              CLERK / MAGISTRATE

           DEFENDANTS’ ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS

                                   ANSWER

To:    Bristol County Superior Court
       Madoff & Khoury, LLP
                  David B. Madoff (BBO#552968)
                  Steffani M. Pelton (BBO#666470)

           NOW COME defendants Michael Curtis Rau, Linda Anne Rau, and Lisa Fay Rau, and in
response state as follows:

2. Defendant Estate of Rufus Curtis Read, Sr. is the probate estate of Rufus Curtis Read, Sr., late of
Attleboro, Massachusetts, Bristol County Probate No. 124841.        Appendix I hereto sets forth the names
... of the living heirs of Rufus Read, Sr....

Admitted in part and denied in part. Defendants admit, based on available knowledge, the existence of
the probate estate of their great grandfather, Rufus Curtis Read, Sr.      Defendants state that they are
“living heirs” only as qualified in Exhibit 1, that is, as non-beneficiary descendants of Rufus Curtis Read,
Sr.

1, 3-11.     Defendants neither admit nor deny, as they have no knowledge of the other parties.

 12.   Neither admit nor deny.     Defendants have no knowledge regarding jurisdiction.

 13-26.      Chain of title.

Based on the available evidence, defendants admit that the subject property was owned by their great
grandfather, Rufus Curtis Read, Sr.      Defendants neither admit nor deny the chain of transfer leading to
the Plaintiff.

 27-33.      Defendants neither admit nor deny the interest of the heirs of William c. Read.

 34—35.     Defendants admit, based on the available evidence, that their great grandfather, Rufus Curtis
 Read, Sr., owned the subject property as of his date of death, and that such property would have belonged
to some of his heirs.      However, as noted above, defendants note the distinction between “heirs”, which
might include non-beneficiary descendants, and legatees.     The complaint seems to imply that heirs
necessarily have an interest in the property. As non-beneficiaries, the Defendants have no interest.

36-43.     Indicia of Ownership by Louis N. Gaudet.

Defendants neither admit nor deny the referenced transfers.     If the Defendants are not removed from this
case, they reserve the right to amend in order to review in more detail.

44-52.   Claims for relief.

44-52. Defendants neither admit nor deny. If the Defendants are not removed from this case, they
reserve the right to amend in order to respond to Claims 51 and 52.

53-55.   Defendants neither admit nor deny.

56-59.   Adverse possession.

56-59.   Defendants neither admit nor deny.

FACTUAL ALLEGATIONS COMMON TO ALL AFFIRMATIVE DEFENSES AND
COUNTERCLAIMS

     1    Defendants Michael Curtis Rau, Linda Anne Rau, and Lisa Fay Rau are three of the five
         children of Gail Read Brown and are great grandchildren of Rufus Curtis Read, Sr. of Attleboro.
         As shown in Plaintiff Exhibit 1, their mother, Gail Read, married John Rau, and they had the
         three children together. Gail and John divorced in 1963 and Gail married John Brown the same
         year, giving birth to two more children, Anastasia and Lloyd.
         Gail (Read) Brown’s parents were Rufus Curtis Read, Jr. (“Curt”) and Dorothy Tarbox Bryant.
         Curt was a son of Rufus Curtis Read, Sr. Based on available documents, Curt and Dorothy were
         high school classmates at the Bank Street School of Attleboro High School.   After their
         marriage, they lived most of their lives in Natick, Massachusetts. Based on Defendants’
         knowledge of family history, Curt and Dorothy had three children: Gail, Rufus Curtis II (“Ruff”)
         and Peter.   All are now deceased.
         After Dorothy Read’s death, Curt married Helen in the early 1980s, and they lived together in
         Natick before moving to Raymond, Maine, where Curt died in 1995 and Helen died in 2003.
         The Defendants are not aware of or in possession of any will for Curt, and at present do not
         dispute that Curt would have died intestate, as shown in Plaintiff's Exhibit 1.
         Gail Read Brown died in Queensbury, New York on Apr. 5, 2021, predeceased by her husband,
         John Brown. Her Last Will states “I give all of my property and estate in equal parts to
         Anastasia Brown, my daughter, who currently resides at 1672 Aquamarine Dr., Lochbuie CO
         80603, and Lloyd Brown, my son, who currently resides at 6 Buena Vista Ave., Queensbury NY
         12804.      If either should not survive me, their portion shall be distributed to their heirs in per
         stirpial shares.”
         Anastasia Brown McGarity and Lloyd Brown both survived Gail, and are still surviving.
         Therefore, Defendants, while lineally descended from Rufus Curtis Read, Sr., have no interest in
         the subject property.
         Plaintiff appears to be aware of these facts because their Exhibit 1 shows Michael, Linda, and
         Lisa as “non-beneficiary” descendants
         Plaintiff wrongfully sued Defendants in spite of being aware that Defendants were and are not
         legatees of Gail R Brown
         Plaintiff's actions act as a bar to the present suit and proposed remedies.
DEFENDANTS REQUEST THAT THE CASE AGAINST THEM BE DISMISSED - MOTION
TO DISMISS

  10. Based on the facts described above, Defendants have no interest in this matter because they are
      not beneficiaries of the estate of Rufus Curtis Read, Sr. Defendants therefore have no claim to
      the property in dispute, and request to be removed from the case. Defendants hereby request that
      the case against them be dismissed on the grounds of failure to state a claim upon which relief can
        be granted.   | With no interest in this matter, Defendants cannot be asked to provide relief, and
        further should not be compelled to answer on matters in which they have no involvement.
        Defendants reserve the right to amend this request should litigation against them proceed.

ADDITIONAL DEFENSES RESERVED

  11.     If Plaintiff continues to pursue action against Defendants, Defendants hereby give notice that
        they may rely on other defenses if and when such defenses become known during the course of
        litigation, and hereby reserve the right to amend their answer to assert any other defenses as
        become known or available.


COUNTERCLAIMS RESERVED

  12. As stated above, Defendants have no interest in the subject property and do not wish to
      participate in any court action regarding the property.    Other than to exclude themselves from
      the proceedings, Defendants do not wish to take any position regarding the claims brought to the
      court by the Plaintiff.
  13. Should the Plaintiff force the Defendants to incur hardship and financial losses, while they
      knowingly pursue legal action against such Defendants, Defendants reserve the right to amend
      this answer to bring counterclaims against the Plaintiff in order to recover such losses.
Commonwealth of Massachusetts

BRISTOL, ss.                                            TRIAL COURT OF THE COMMONWEALTH
                                                        SUPERIOR COURT DEPARTMENT
                                                        CIVIL DOCKET NO. 2373CV00699


                        CERTIFICATE OF SERVICE


L      Lis4 fay            Kavu                 , certify that on Lif 6 [POPS     I provided a copy of
this response via electronic mail to Steffani Pelton (pelton@mandkllp:com) and mailed by U.S. mail to:

Bristol County Superior Court
9 Court Street
Taunton, MA 02780

Madoff & Khoury LLP
124 Washington St., Suite 202
Foxboro MA 02035




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