Legal Notices for 07/27/2018

Commonwealth of Massachusetts
The Trial Court
Probate and Family Court
Berkshire Probate and Family Court
44 Bank Row
Pittsfield, MA 01201
(413) 442-6941
Docket No. BE04P0174EP
TRUST CITATION

In the matter of: William F. Barrett, Jr.
To all interested persons:
A Petition has been filed by:
Jill Barrett Johnson of Patagonia AZ and Peter S Barrett of Great Barrington MA requesting authorization to combine the Testamentary Trust to be established under the Will of Catherine B. Barrett (Lee County Florida, Circuit Court, Case No. 2017-CA-3357) with the Decedent’s Testamentary Trust already established and any other relief requested in the petition.
You have the right to obtain a copy of the Petition from the Petitioner or at the Court. You have a right to object to this proceeding. To do so, you or your attorney must file a written appearance and objection at this Court before 10:00 a.m. on 08/17/2018.
This is NOT a hearing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding. If you fail to file a timely written appearance and objection followed by an Affidavit of Objections within thirty (30) days of the return date, action may be taken without further notice to you.
WITNESS, Hon. Richard A. Simons, First Justice of this Court.
Date: July 17, 2018

Francis B. Marinaro, Register of Probate
7.27
#3988

Commonwealth of Massachusetts
The Trial Court
Probate and Family Court
Berkshire Probate and Family Court
44 Bank Row
Pittsfield, MA 01201
(413) 442-6941
CITATION ON PETITION FOR
ALLOWANCE OF ACCOUNT
Docket No. BE69915

In the matter of:
EDWARD RUSSELL BOURNE TRUST
To all interested persons: A Petition has been filed by: JP Morgan Chase Bank, N.A., Successor to Chase Manhattan Bank, of Rochester, New York, requesting the allowance of the Article 6 of the 39th Trust Account under the will of Edward Russell Bourne, f/b/o Helen M. Bourne, account as Trustee and any other relief as requested in the Petition.
You have the right to obtain a copy of the Petition from the Petitioner or at the Court. You have a right to object to this proceeding. To do so you or your attorney must file a written appearance and objection at this Court before 10:00 a.m. on 8/17/2018.
This is NOT a hearing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding. If you fail to file a timely written appearance and objection followed by an Affidavit of Objections within thirty (30) days of the return date, action may be taken without further notice to you.

WITNESS, Hon. Richard A. Simons, First Justice of this Court.
Date: July 17, 2018

Francis B. Marinaro, Register of Probate
7.27
#3992

Commonwealth of Massachusetts
The Trial Court
Probate and Family Court
Berkshire Probate and Family Court
44 Bank Row
Pittsfield, MA 01201
(413) 442-6941
CITATION ON PETITION FOR
ALLOWANCE OF ACCOUNT
Docket No. BE69915

In the matter of:
EDWARD RUSSELL BOURNE TRUST
To all interested persons: A Petition has been filed by: JP Morgan Chase Bank, NA, Successor to Chase Manhattan Bank, of Rochester, New York, requesting the allowance of the Article 7 of the 39th Trust Account under the will of Edward Russell Bourne, f/b/o Helen M. Bourne, account as Trustee and any other relief as requested in the Petition.
You have the right to obtain a copy of the Petition from the Petitioner or at the Court. You have a right to object to this proceeding. To do so you or your attorney must file a written appearance and objection at this Court before 10:00 a.m. on 8/17/2018.
This is NOT a hearing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding. If you fail to file a timely written appearance and objection followed by an Affidavit of Objections within thirty (30) days of the return date, action may be taken without further notice to you.

WITNESS, Hon. Richard A. Simons, First Justice of this Court.
Date: July 17, 2018

Francis B. Marinaro, Register of Probate
7.27
#3993

NOTICE OF MORTGAGEE’S SALE OF REAL ESTATE

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Scott F. Dean and Rebecca S. Dean to Beneficial Massachusetts Inc. dated April 25, 2006, recorded at the Berkshire County (Middle District) Registry of Deeds in Book 3505, Page 31; said mortgage was then assigned to U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust by virtue of an assignment dated September 10, 2014, and recorded in Book 5463, Page 84; of which mortgage the undersigned is the present holder for breach of conditions of said mortgage and for the purpose of foreclosing the same will be sold at PUBLIC AUCTION at 09:00 AM on August 6, 2018, on the mortgaged premises. This property has the address of 146 Jones Avenue, Pittsfield, MA 01201. The entire mortgaged premises, all and singular, the premises as described in said mortgage: THE LAND IN SAID PITTSFIELD, BOUNDED AND DESCRIBED AS FOLLOWS: PARCEL ONE: BEING LOT NO. 48 AS SHOWN ON PLAT OF LOTS AT WEST PITTSFIELD GARDENS BELONGING TO JACOB W. WILBUR, SAID PLAN BEING MADE BY A.L. ELIOT, SURVEYOR. DATED APRIL 22, 1913 AND RECORDED WITH BERKSHIRE MIDDLE DISTRICT REGISTRY OF DEEDS, BOOK OF PLANS 326, PAGE 636. SAID LOT MEASURES 50 FEET IN WIDTH BY 100 FEET IN DEPTH, AND CONTAINING, ACCORDING TO SAID PLAN 5,000 SQUARE FEET. MORE OR LESS. PARCEL TWO: TWO CERTAIN LOTS OR PARCELS OF LAND SITUATED ON JONES AVENUE IN PITTSFIELD IN THE COUNTY OF BERKSHIRE, AND COMMONWEALTH OF MASSACHUSETTS BEING FORTY-SIX (46) AND FORTY-SEVEN (47) AS SHOWN ON PLAN OF LOTS AT WEST PITTSFIELD GARDENS, BELONGING TO J.W. WILBUR, SAID PLAN BEING MADE BY A.L. ELIOT. SURVEYOR. DATED APRIL 22, 1913. AND RECORDED WITH BERKSHIRE MIDDLE DISTRICT REGISTRY OF DEEDS. BOOK OF PLANS, BOOK 326, PAGE 636. SAID LOTS MEASURE EACH FIFTY (50) FEET IN WIDTH BY ONE HUNDRED (100) FEET IN DEPTH, AND CONTAIN EACH, ACCORDING TO SAID PLAN. FIVE THOUSAND (5,000) SQUARE FEET, MORE OR LESS. BEING THE SAME PRO PERTY CONVEVED FROM MARILYN J. DEAN, TENANCY NOT STATED, TO SCOTT F. DEAN AND REBECCA S. DEAN, HUSBAND AND WIFE AS T/B/E, BY DEED RECORDED 06/07/1993. IN BOOK 1402, AT PAGE 721. IN THE REGISTER’S OFFICE OF BERKSHIRE COUNTY, MASSACHUSETTS. TAX MAP OR PARCEL ID NO.; C5-5-6 Subject to and with the benefit of easements, reservation, restrictions, and taking of record, if any, insofar as the same are now in force and applicable. In the event of any typographical error set forth herein in the legal description of the premises, the description as set forth and contained in the mortgage shall control by reference. Together with all the improvements now or hereafter erected on the property and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this sale. Terms of Sale: Said premises will be sold subject to any and all unpaid taxes and assessments, tax sales, tax titles and other municipal liens and water or sewer liens and State or County transfer fees, if any there are, and TEN THOUSAND DOLLARS ($10,000.00) in cashier’s or certified check will be required to be paid by the purchaser at the time and place of the sale as a deposit and the balance in cashier’s or certified check will be due in thirty (30) days, at the offices of Doonan, Graves & Longoria, LLC (“DG&L”), time being of the essence. The Mortgagee reserves the right to postpone the sale to a later date by public proclamation at the time and date appointed for the sale and to further postpone at any adjourned sale-date by public proclamation at the time and date appointed for the adjourned sale date. The premises is to be sold subject to and with the benefit of all easements, restrictions, leases, tenancies, and rights of possession, building and zoning laws, encumbrances, condominium liens, if any and all other claim in the nature of liens, if any there be. In the event that the successful bidder at the foreclosure sale shall default in purchasing the within described property according to the terms of this Notice of Sale and​/​or the terms of the Memorandum of Sale executed at the time of foreclosure, the Mortgagee reserves the right to sell the property by foreclosure deed to the second highest bidder, providing that said second highest bidder shall deposit with the Mortgagee’s attorneys, the amount of the required deposit as set forth herein. If the second highest bidder declines to purchase the within described property, the Mortgagee reserves the right to purchase the within described property at the amount bid by the second highest bidder. The foreclosure deed and the consideration paid by the successful bidder shall be held in escrow by DG&L, (hereinafter called the “Escrow Agent”) until the deed shall be released from escrow to the successful bidder at the same time as the consideration is released to the Mortgagee, whereupon all obligations of the Escrow Agent shall be deemed to have been properly fulfilled and the Escrow Agent shall be discharged. Other terms, if any, to be announced at the sale. Dated: July 2, 2018 U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust By its Attorney DOONAN, GRAVES & LONGORIA, LLC, 100 Cummings Center, Suite 225D, Beverly, MA 01915 (978) 921-2670 www.dgandl.com 52362 (DEAN)

7.13, 7.20, 7.​27
#3961

public notice

The Town of Alford will be accepting bids for the lining of a 40’x44” boi​ler plate culvert located on North Egremont Road in Alford MA. The liner pipe will be 40 foot by 36 I.D ADS on August 8, 2018 at 9am at the Town Offices at 5 Alford Center Road, Alford, MA. Call Highway Superintendent for bid specs at 413-528-6327 between the hours of 8 am to 3 pm.

7.27
#3995

TOWN OF LEE, MASSACHUSETTS
NOTICE OF A PUBLIC HEARING

The Board of Selectmen will hold a Public Hearing on Tuesday, August 7, 2018 at 7:00 P.M. on the application of Canna Provisions Company for approval of a Special Permit under Section 199-9.11 Marijuana Establishments from the Town of Lee Zoning Bylaws. The proposal is to locate a Marijuana Retailer at 220 Housatonic Street. The property affected is located in the CBC (Commercial Business Corridor) Zoning District (Assessors’ Map 19, Lot 11).
Any person interested or wishing to be heard should appear at the time and place designated. If unable to attend please submit comments in writing to the Lee Board of Selectman at 32 Main Street, Lee, MA, 01238. Failure to make recommendations on the matter for review shall be deemed lack of opposition thereto. A copy of the application is available for review in the Town Clerk’s Office.

Patricia Carlino
Chairman
7.20, 7.​27
#3972

Commonwealth of Massachusetts
The Trial Court
Probate and Family Court
44 Bank Row
Pittsfield, MA 01201
Docket No. BE15P0684GD
CITATION GIVING NOTICE OF PETITION TO EXPAND THE POWERS OF A GUARDIAN

In the matter of: Marvin Simpson
Of: Great Barrington, MA
Respondent
Incapacitated Person​/​Protected Person
To the named Respondent and all other interested persons, a petition has been filed by Timberlyn Heights Nursing & Rehab of Great Barrington, MA in the above captioned matter requesting that the court: Expand the powers of a Guardian of the Respondent.
The petition asks the court to make a determination that the powers of the Guardian and​/​or Conservator should be expanded, modified, or limited since the time of the appointment. The original petition is on file with the court.
You have the right to object to this proceeding. If you wish to do so, you or your attorney must file a written appearance at this court on or before ten o’clock in the morning (10:00 AM) on the return date of 8/16/2018. This day is not a hearing date, but a deadline by which you have to file the written appearance if you object to the petition. If you fail to file the written appearance by the return date, action may be taken in this matter without further notice to you. In addition to filling the written appearance, you or your attorney must file a written affidavit stating the specific facts and grounds of your objection within 30 days after the return date.
IMPORTANT NOTICE
The outcome of this proceeding may limit or completely take away the above-named person’s right to make decisions about personal affairs or financial affairs or both. The above-named person has the right to ask for a lawyer. Anyone may make this request on behalf of the above-named person. If the above-named person cannot afford a lawyer, one may be appointed at State expense.

WITNESS. Hon. Richard A. Simmons, First Justice of this Court
Date: July 19, 2018

Francis B. Marinaro
Register of Probate
7.27
#3994