Volunteer Services for Animals, Inc v. Collins

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
VOLUNTEER SERVICES FOR ANIMALS, INC. 	:
Plaintiff, 	:
:
v. 	: 	C.A. No 1:25-cv-12485
:
DOROTHY M. COLLINS, 	:
Defendant, 	:
ORDER RE MOTION FOR SUMMARY JUDGMENT
This matter came before the Court upon the Plaintiff Volunteer Services for
Animals, Inc.’s motion for summary judgment pursuant to Rule 56 of the Federal Rules
of Civil Procedure. Having reviewed the motion and supporting affidavit of Joanne
Rongo, Patricia M. Lee and Charles D. Blackman, and there appearing to be no
genuine issue of material fact, the Court makes the following findings:
1. 	This Court has jurisdiction over the subject matter of this action pursuant
to 28 U.S.C. § 1332.
2. 	Defendant Dorothy M. Collins (“Collins”) resides in Massachusetts and
was personally served with a summons and a copy of the Complaint in accordance with
Rule 4 on October 2, 2025 and Collins has failed to answer or otherwise respond to the
Complaint within the time prescribed by Rule 4.
3. 	Collins was previously adjudicated to be legally incapacitated by the
Probate and Family Court for Bristol County, Massachusetts (“Bristol Probate Court”).
4. 	Brian Barriera, Esq. was appointed as guardian ad litem to represent
Collins’ interests by Order dated September 8, 2025.
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5. 	The property located at 1022 Riverside Avenue, Somerset, Massachusetts
was formerly owned by Inez Rego, lately of Somerset, Massachusetts (the “Property”).
The Property is the same property as is described in the deed dated May 9, 1985 from
Inez Rego and Dorothy M. Collins as joint tenants, to Inez Rego, individually, that is
recorded in the Fall River District of the Registry of Deeds for Bristol County,
Massachusetts in Book 1570 page 59.
6. 	Inez Rego died on February 22, 1989.
7. 	Through her Last Will and Testament dated May 9, 1985, which was
admitted to probate by the Bristol Probate Court on August 16, 1989, Inez Rego devised
the Property to her sister, Mary Mendes, her brother-in-law, Manuel Mendes, Jr., and
her friend, Dorothy M. Collins, as joint life tenants to be used during the term of their
natural lives. Upon the death of the last surviving joint life estate owner, Rego devised
the remainder interest to Volunteer Services for Animals, Inc., a charitable Rhode Island
nonprofit corporation.
8. 	Manuel Mendes, Jr. died on October 11, 1995, and Mary Mendes died on
May 11, 2019. Consequently, Dorothy M. Collins is the sole surviving joint life tenant.
9. 	Collins is 91 years old and cannot live alone safely anymore. The Bristol
Probate Court appointed a temporary and later a permanent guardian over her person.
Collins now resides in a long term health care facility.
10. 	Due to her infirmity, incapacity and old age, Collins has committed acts of
waste by failing to pay taxes and to care of the Property, and there is no foreseeable
likelihood that Collins will be able to fulfill her legal duties to the remainderman in the
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future to avoid continuing waste under Mass. Gen Laws ch 242. Issuance of an
injunction under Mass. Gen Laws ch 242, § 9 will be futile.
11. It further appears to be in the best interests of Collins’ person, and will
best advance the testamentary intentions and charitable purposes of Inez Rego’s
original devise, to involuntarily terminate Collin’s life estate in the Property.
12. VSA has demonstrated the absence of any genuine issue of material fact
and its entitlement to judgment as a matter of law. The Court finds that the proper
remedy under these exceptional circumstances is to terminate the remaining life estate
of Dorothy M. Collins and allow VSA to recover lawful possession of the Property
pursuant to Mass. Gen Laws ch 242, § 1.
13. VSA voluntarily dismisses all claims for compensatory damages and
injunctive relief pursuant to Rule 41(a)(1).
14. VSA shall pay the Guardian ad litem a reasonable attorney fee in the
amount of $2,200.00..
15. Final Judgment shall enter pursuant to Rule 58(b)(2) in the form proposed
by VSA.
ENTERED: November 12, 2025	ORDERED
____________________________
Brian E. Murphy
United States District Judge
/s/ Brian E. Murphy
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