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Home My WebLink About1987-12-01 Legal Documents DENIED NLU � MAR 2 9 1988 COMMONTWEALTH OF MASSACHUSETTS Essex SS. TO TIDE PROBATE COURT: DOCKET NO. 7✓ PROBATE OF WILL -WITH -,WPPHOW- SURETIES Name of Decedent Domicile at Death 306 Forest Street (street and no.) (city or town) (county) Date of Death MAZh - - 1283 — Name and address of Petitioner(s) Edward A Miller,er, Jr. —LP_inpa. 7—Methuen, Ma -s�seI setts-` 8"X--- _ Status cnn Heirs at law or next of kin of deceased including surviving spouse: iVa3116 i CS:L^,Ce iieii.::.^.:Sliip (minors and incompetents must be so designated) ✓Edward A. Miller; J-r-._ 1 Pin.e �t�,_Me�hlzezl� Mg..._01$�4_._—___—_Son Aalter_B. Miller — 9 Tremont St_. , Methuen, MA 018440 Son /dames J. Mil -(Lr W.2 John C_ Miller 57 Thornton Ave. Nletrhyt�'11, MA Ol$44 Sant r: That said deceased left a will — *09 ----- -eoEkc& herewith presented, wherein your petitioner_ was named execut_Or and wherein the testatrix had requested that your petitioner be exempt from giving a surety on _h is bond_ Wherefore your petitioner prays that said will —xmk x — may be proved and allowed, and that —he be appointed execut=_ thereof, with-,q&*surety on _—h is bond. and certif iesunder the penalties of perjury that the statements herein contained are true to the best of_h is knowledge and belief. Dated March 23 , 1988 nature Si s g { }"Edward A. Miller, Jr. The iadersigned here assent to tl foregoing petition and to the allowance of the will without testimony. DECREE .411 pi•rsons interested having been notified in accordance with the law or having assented and no objections being made thereto, it is decreed that said instrument___ lac ___ approved and allowed as the last will and � testament of said deceased, and that said petitioner(s) Edward A. Miller, Junior Of Methuen in the County of Essex he appointed execut or thereof, first giving hand withT__ sureties, for the due perforir!: ciysaid ist. Date Judge of Probate Court AC 2 (1/78) ESSEX,ss. �J' 1-S � PROBATE COURT MAY 17 10 ATTEST: REGISTER A TRUE COPY 1te'Fu !' L )LelyreE3 -it : made this 10th day of rch, 1989 between Edward Miller, exec r for Ida A. Miller Estate, hereinafter called the SEUER, agrees to SELL and Joseph S. Pappalardo, thereinafter called the BUYER, agrees to BUY, upon the terms and considerations hereinafter set forth, the followaing bounded and described premises: A parcel of land located off Forest Street, North Andover, MA and further described on a Definitive Subdivision Plan dated December 1, 1987 prepared by Christiansen & Sergi, Inc. Engineers. and more particularly described in a Reed dated and recorded in the Essex North . G ty Registry of Deeds in Bolt Page or Land Court Certificate # , Said premises are to be conveyed on or before * by a good and sufficient quitclaim Deed of the SETTER, conveying a good and clear record and marketable title to the same free from all encumbrances, except: (a.) Provisions of existing building and zoning laws; (b.) Such taxes for the currant year are not due and payable on the date of delivery of such Deed, (c.) Any liens for municipal assessments and/or orders for which assessments may be made after the date of this agreement. (d.)"--Subject to restrictions and easme-nts of record which do not substantially affect the use of the premises and for such deed and conveyance the BUYER is to pay the sum. of ............$650,000.00 of which ................................................................................$ 1,000.00 have been paid this day as a deposit and an additional................................. $ 19,000.00 are to be paid upon the Planning Board Final Approval. and................................$630,000.00 are to be paid in cash or certified check upon delivery of said Deed. Time Deed is to be delivered and the consideration paid, at the Registry of Deeds in which the Deed should by Taw be recorded on day of passing 19 at M. unless some other place and time should be mutually agreed upon. Time is of the essence. To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of the delivery of the Deed, use the purcbase money or any portion thereof to clear the title of any or all encumbrances or interests; all instruments so procured to be recorded simultaneo-usly with the delivery of said Deed. Full possession of the said premises, free of all tenants and occupants is to be delivered to the BUYER at the time of the delivery of the Deed, the said premises to be then in the same condition in which they now are, reasonable use and wear of the buildings thereon excepted. If the SELLER shall be unable to cure a title defect or to make the premises conform, this agreement shall be void and all deposits shalll, be refunded, unless the SQ.I.fR notifies the BUYER in writing that he is making reasonable efforts to remove said defect or to uoke the premises conform, in which case the time for performance hereunder shall be extended for days. The acceptance of the Deed by the BUYER shall be deemed to be a full performance and discharge of every obligation contained in this agreement, except for those obligations which are by their tens to be performed after the delivery of the Deed. Taxes shall be apportioned as of the day of delivery of the Deed, if the amount of said taxes is not known at the time of delivery of the Deed, they shall be apportioned on the basis of the taxes assessed for time preceding year with a reapportionment as soon as the new tax rate and valuation can be ascertained, which latter provision shall survive the delivery of the Deed. In consideration of the above, the spouse of the SELLER by subscription hereto agrees to join in the Deed to 'be made as aforesaid, and to release to the BUYER all right of dower or curtest' and homestead, and all other right and interest in the said property. All deposits made hereunder shall be held by the SELLER and shall be duly accounted for at the time for perfomonce of this agreement. If the BUYER shall fail to fulfill. the BUYER'S agreements herein, all deposits made hereunder by the BUYER shall be forfeited by the BUYER and retained by the SEL M as Liquidated damages and SELLER shall have no furtber recourse. This instrument, executed in five parts, is to be construed under the laws of Massachusetts, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and Enures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be cancelled, modified or amended only by a written instrumxnt executed by the parties hereto or their legal representatives. If two or more persons are named herein as SELLER or BUYER their obligations hereunder shall be joint and several. The BUYER agrees-to apply promptly for mortgage loan in an amount of $ frrm an institutional lender at current interest rates and terms. If the BUYER, having used all due diligence, fails to obtain a firm commitment for such a loam by all payments made hereunder by the BUYER shall be €orthTith refunded and all other obligations of the parties hereto shall cease. The BUYER shall be deemed to have waived his rights -under this paragraph if the SELLER has not been notified in writing by of the BUYER'S inability to obtain said mortgage commitment. * Buyer agrees to take title to this land within sixty(60) days from the date final approval is received fran the Planning Board. The land owner of record is Ida A. Miller 306 Forest St., North Andover, & others. The Seller guarantees Buyer will receive a minimum of eleven (11) buildable house lots as per the Definitive Plan submitted by Christiansen & Sergi, Inc. 160 Sinner St., Haverhill, M& Buyer is to receive from Seller all engineering data completed to date. Buyer will pay for all engineering services from this date forward. SELIBR SELLER BUYER - Original Signature Required On All Copies -