Ads for Trial Court Probate and Family Court in Pittsfield, MA

COMMONWEALTH OF MASSACHUSETTS The Trial Court Probate and Family Court Department Berkshire Division Docket No. BE23E0013 CITATION TO: Christopher P. Nichols of Pittsfield, Massachusetts, and all other persons interested; A Petition for Partition, filed November 9, 2023, and amended February 26, 2025 pursuant to allowance of Motion to Amend Property Description #14 , filed January 9, 2025, has been presented to said Court by Mark X. Nichols, Paul D. Nichols, Brian I Nichols, John A. Nichols and Julie A. Nichols, representing that they hold as tenants in common, a share in certain real estate situate in Pittsfield, Berkshire County, Massachusetts, and described as follows: (Locus of property: 122 Thomas Island Road, Pittsfield, Massachusetts) Parcel 1: Southern portion of premises/Lake front the land located thereon in Pittsfield, Berkshire County, Massachusetts, more particularly described as follows: Being Parcel A as shown on a Plan entitled "Plan of Land Prepared for Arthur J. Nichols Sr., Mark X. Nichols, Paul D. Nichols, Brian I. Nichols, Christopher P. Nichols, and John A. Nichols, Thomas Island Road, Pittsfield, MA, Foresight Land Services, Engineering Surveying Planning, Scale l" = 30'; Date: April 11, 2014", which Plan is recorded in said Registry of Deeds at Plat M, No. 25 on September 2, 2014. Said Parcel containing 0.27 acres. Being a portion of Parcel II in the premises conveyed to Arthur J. Nichols, Sr. and Eileen M. Nic ls, Trustees of the Eileen M. Nichols 1996 Revocable Trust by deed of Arthur J. Nichols, Sr. dated December 16, 2011, and recorded in the said Registry of Dee in Book 4870, Page 189, AND being a portion of the premises conveyed to Julie A. Nichols, Trustee of The Julie A Nichols Nominee Trust by deed of Julie A. Nichols dated January 15, 1998, and recorded February 3, 1998, in the Berkshire Middle District Registry of Deeds Book 1589, Page 890&c. Easement The above-described parcel is subject to an easement for water line purposes and to easements for maintaining telephone, television and electric wires, all where the same are or may hereafter be located; for the benefit of the Grantors', his heirs, successors or assigns, land lying easterly of Parcels B and C as shown on a Plan of Land of Charles R and Ann J. Schafer recorded in said Registry in Book 417-K., Page 32, together with the rights of said Schafer, now or formerly, their executors, administrators and assigns, to enter upon for the purpose of maintaining, excavating, relocating said water, telephone, television and electric lines, and in doing so, Schafer, now or formerly, their executors, administrators and assigns shall restore the surface of the ground to substantially the same condition it was prior to the commencement of said work, if applicable. Life Estate With a life estate being granted to Julie A Nichols by Mark X. Nichols, Paul D. Nichols, Brian I. Nichols, Christopher P. Nichols and John A Nichols, dated November 16, 2015 and recorded November 17, 2015, in the Berkshire Middle District Registry of Deeds in Book 5658, Page 79. Note: Julie A. Nichols named herein is a different person from the Julie A. Nichols who now or formerly owned 62 Thomas Road, Pittsfield; MA 01201. Back Reference Being the same premises conveyed to Marc X. Nichols, Paul D. Nichols, Brian I. Nichols, Christopher P. Nichols and John A. Nichols by Deed of herein by de:ed of Arthur J. Nichols, Sr., Trustee of the Eileen M. Nichols 1996 Revocable Trust and Paul D. Nichols, Successor Trustee of The Julie M. Nichols Nominee Trust, dated November 16, 2025 and recorded November 17, 2015, in the Berkshire Middle District Registry of Deeds in Book 5658, Page 75. Parcel 2 (Northern portion of premises) The land in Pittsfield, Berkshire County, Massachusetts, bounded and described as follows: Beginning at an iron pin at the easterly end of the northerly line of Shore Drive, as shown on a plan titled Subdivision of Land R. F. Fallon, dated July 14, 1914 by Barnes and Race, Engrs., which is recorded in the Berkshire Middle District Registry of Deeds in Book 610, Page 93, and which pin is also in the westerly line of land of the grantors herein as described in deed of said grantors, which is in said Registry in Book 1021, Page 457; thence running N 20 E along the land now_, or formerly of James L. and Ethyl A. Eastland and the land of Maurice C. And Ruth F. Coninet 282.29 feet to an iron pin; thence running S 70 E and perpendicular to the first described course along other land of the grantors herein 150.0 feet to an iron pin; thence running S 20 W and parallel to the first described course 173.6 feet to a point which is the point of intersection of this course with a line running 12.5 feet southerly and parallel with the Pittsfield City Thomas Island Sewer line, which runs westerly on this parcel; thence running S 65 17' W along a line running 12.5 feet southerly and parallel to said Pittsfield sewer line 211.1 feet to a point in the said easterly line of Shore Drive, as shown on said Fallon plan, and which point is .8 feet northerly from the southeasterly comer of Shore Drive; thence running along the easterly line of Shore Drive N 20 E 39.2 feet to the point of the beginning. Right of Way Said Parcel A. is conveyed subject to a right of way 30 feet wide, running along the westerly arid northerly lines of said Parcel A. for the benefit of the owners of Parcel B, described as follows: Beginning at a point at the southwesterly corner of Parcel A, as herein described; thence running N 20 E along the westerly line of Parcel A. 321.49 feet to an iron pin; thence running S 70 E along the northerly line of Parcel A. 150.00 feet to an iron pin; thence running S 20 W along the easterly line of Parcel A. 30.00 feet; thence running N 70 W along the easterly line of Parcel A. 120.00 feet; thence running S 20 Wand parallel to the west line of Parcel A:. 261.8 feet to a point in the southerly line of Parcel A; thence running S 65 17' W along the southerly line of Parcel A. 42.2 feet more or less to, the point of beginning. Easement The above-described parcel is hereby conveyed subject to an easement for sewer purposes taken by the City of Pittsfield under Order adopted by the City Council dated September 10, 1963, approved by the Mayor on September 12, 1963 and recorded in said Registry in Book 771, Page 402 and 403. Back Reference The above-described parcel is hereby conveyed subject to an easement for water line purposes and to easements for maintaining telephone, television and electric wires, all where the same are or may hereafter be located, for the benefit of the grantors' land lying easterly of Parcels B, and C, together with the right in the grantors, their heirs, executors, administrators and assigns, to enter upon for the purpose of maintaining, excavating and/or relocated said water, telephone, television and electric lines, and in so doing, the grantors shall restore the surface of the ground to substantially the same condition it was prior to the commencement of said work. Being the same premises conveyed to Julie A. Nichols, Mark X. Nichols, Paul D. Nichols, Brian I. Nichols, Christopher P. Nichols and John A. Nichols by Deed of Mark X. Nichols, dated October 12, 2005, and recorded on October 25, 2005. with the Berkshire County (Middle District) Registry of Deeds in Book 3366, Page 137. See also the plan recorded in Book 417-K, Page 32 on April 7, 1981. Special Note The Parcel A's referred to on the Plans at Plat M #25 and Book 417-K, Page 32 are different. Parcels 1 and 2 are combined for City of Pittsfield tax and assessors purposes as Assessors Lot F 13-131-1. And setting forth that they desire that all of said land may be sold at private sale for not less than $1,000,000.00 and praying that partition may be made of all the land aforesaid according to law; and to that end that a commissioner be appointment to make such partition o