The Massachusetts Judicial Branch

Supreme Judicial Court

Amicus Announcement

SJC-10101


THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT

ARGUMENT IS TENTATIVELY SCHEDULED FOR MARCH 2008.
AMICUS SUBMISSIONS ARE DUE ON OR BEFORE FEBRUARY 19, 2008.


SJC-10101
Sue-Ellen Hershman-Tcherepnin v. Nicholas Tcherepnin & others

     The testator bequeathed to his second wife, the plaintiff, one-fifth ownership in the house in which they had resided and "the right to remain there as long as she desires," and one-fifth ownership to each of his four children from his previous marriage; whether the bequest  to the plaintiff operated as a grant of a life estate with the right to exclusive possession and a one-fifth remainder interest, or whether the plaintiff and each of the defendants were granted a one-fifth present possessory interest with a mere right to occupancy .

Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.

  Susan Mellen, Clerk

January 10, 2008