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COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO: QuFicv 1 39dO0
JAMES M. HURLEY,
Plaintiff
v.
ROBERT W. HUDLIN,
Defendant
and
INTHE PLE
of tHE
‘OF COURTS.
CHRISTINE HUDLIN, FORTHE COUNTY ‘OF MIDDLESEX
KELLY J. MORSE,
MICHAEL P. PHELAN, MAY 15. 2024
MICHAEL W. HURLEY,
LYNN M. HURLEY KOCSIS,
KAREN A. HURLEY WENDELL,
Pui
SARAH L. MORISSETTE,
Interested Parties
VERIFIED COMPLAINT
The Plaintiff, James M. Hurley, by his attorneys, brings this Verified Complaint against
the Defendant, Robert Hudlin. Christine Hudlin, Kelly J. Morse, Michael P. Phelan, Michael W.
Hurley, Lynn M. Hurley Kocsis, Karen A. Hurley Wendell, and Sara L. Morissette (together
“Interested Parties”) are named as interested parties because they are heirs-at-law of the late
Josephine L. Hurley, along with Plaintiff.
PARTIES
1 The Plaintiff, James M. Hurley (“Plaintiff”), is an individual residing at 137
Oakridge Drive, Ayer, Massachusetts 01432. Plaintiff is the brother of the late Josephine
Hurley (“Josephine”), who died on December 18, 2023.
2 The Defendant, Robert Hudlin (“Defendant”), is an individual residing at 3
Ledgeway St., Ayer, Massachusetts 01432, and/or at 20 Groton-Harvard Road, Ayer,
Massachusetts 01432. Defendant is the nephew of Josephine and Plaintiff.
3 Christine Hudlin is an individual residing at 32 Perkins Road, Rye Beach, New
Hampshire 03870. She is Josephine’s sister, Defendant’s mother, and an heir of Josephine.
4. Kelly J. Morse is an individual residing at 160 Camelot Shore Drive, Farmington,
New Hampshire 03835. She is Josephine’s niece and an heir of Josephine (Josephine’s sister,
Ruth Phelan, having predeceased her).
5. Michael P. Phelan is an individual residing at 11 Adrien Circle, Apartment 311,
Rochester, New Hampshire 03867. He is Josephine’s nephew and an heir of Josephine
(Josephine’s sister, Ruth Phelan, having predeceased her).
6. Michael W. Hurley is an individual residing at 15 Digby Lane, Dover, New
Hampshire 03820. He is Josephine’s nephew and an heir of Josephine (Josephine’s brother,
Joseph Hurley, having predeceased her).
7
Lynn M. Hurley Kocsis is an individual residing at 94 Maple Road, #100, Easton,
Connecticut 06612. She is Josephine’s niece and an heir of Josephine (Josephine’s brother,
Joseph Hurley, having predeceased her).
8 Karen A. Hurley Wendell is an individual residing at 1365 Norwood Avenue,
Boulder, Colorado 80304. She is Josephine’s niece and an heir of Josephine (Josephine’s
brother, Joseph Hurley, having predeceased her).
9 Sarah L. Morissette is an individual residing at 33 Westwind Road, Andover,
Massachusetts 01810. She is Josephine’s niece and an heir of Josephine (Josephine’s sister,
Loretta Hurley, having predeceased her).
JURISDICTION AND VENUE
10. This Court has jurisdiction of this matter under G.L. c. 214 §1, and venue is
proper as the Plaintiff resides in Middlesex County and three (3) of the subject properties are in
Middlesex County.
FACTS
11. Josephine, who was unmarried and had no children, resided at 20 Groton-
Harvard Road, Ayer, Massachusetts until her death at the age of 94, on December 18, 2023.
12. Plaintiff, who is 15 years younger than Josephine, lived very close to, spent
holidays with, and frequently visited with Josephine.
13. In early 2020, Josephine owned four parcels of residential real estate: (a) 92
Pleasant St., Ayer, Massachusetts; (b) 51 Wright Rd., Ayer, Massachusetts; (c) 2 Howard St.,
Ayer, Massachusetts; and (d) 543 Mason Bay Rd., Jonesport, Maine. Josephine collected rent
from a tenant who lived at the 2 Howard Street property.
14. Josephine had informed Plaintiff that she held stock in AT&T and related
: companies (which she acquired annually beginning in 1946 through her employment at AT&T),
as well as other investments. She kept records of those investments in a dresser at her home.
15. Defendant, who has not held steady employment throughout his adult life, acted
as caretaker of Josephine for the last few years of her life and was frequently present at her
house.
16. In or about 2019, Josephine became homebound and was dependent on others for
her care. Around that time, she showed signs of reduced executive functioning and told Plaintiff
that she was having trouble with paperwork; she handed over management of her finances to
Defendant, giving him her checkbook.
17. Josephine also showed signs of cognitive decline. For example, Josephine would
refer to Defendant as “Holly,” which was the name she had used for her long-term significant
other, Lawrence Holleran, who passed away in 2015.
18. Beginning in February 2020, Defendant began orchestrating a scheme to divest
Josephine of all her assets at a time when she was in frail health, dependent upon, and
susceptible to Defendant’s influence.
19. Registry of Deeds records show that on February 5, 2020, Josephine executed a
durable power of attorney, appointing Defendant as her attorney-in-fact.(the “Power of
Attorney”). A true copy of the Power of Attorney is attached hereto as Exhibit A.
20. Josephine was 90 years old on the date the Power of Attorney was executed.
21, Registry of Deeds records show that on April 14, 2020, Defendant-executed two
(2) deeds purportedly as attorney-in-fact for Josephine, conveying the properties located at 92
Pleasant St., Ayer, Massachusetts and 51 Wright Rd., Ayer, Massachusetts to himself for no
consideration.
22. On information and belief, these two deeds were not properly executed, as
Defendant identified himself as the grantor and signed as if he were the grantor, when proper
execution required him to sign as Josephine. True copies of the Pleasant St. and Wright Rd.
deeds are attached as Exhibits B and C.
23. According to Registry of Deeds records, April 14, 2020 Defendant also executed
a deed, again purportedly as attorney-in-fact for Josephine, conveying the property located at 543
Mason Bay Rd., Jonesport, Maine, to himself for no consideration.
24. On information and belief, the Maine deed was not properly executed, as
Defendant identified himself as the grantor and signed as if he were the grantor, when proper
execution required him to sign as Josephine. A true copy of the Maine deed is attached as
Exhibit D.
25. Registry of Deeds records show that on April 2, 2021, Josephine executed a
document captioned the “Josephine L. Hurley Revocable Living Trust” (“the Trust”), as Grantor
and Trustee. A true copy of the Trust is attached hereto as Exhibit E.
26. Upon the death of the Grantor, the sole beneficiary of the Trust was Defendant,
who was also designated to become successor trustee upon Josephine’s incapacity or death.
27. Section 2 of the Trust provides that the Grantor has “transferred and delivered to
the trustee all her interest in the property identified in Schedule A.”
28. Schedule A of the Trust lists: (1) the property at 2 Howard Street, Ayer,
Massachusetts and all items “contained therein and out”; and (2) “all furniture and items
belonging to Josephine L. Hurley currently located at her residence at 20 Groton-Harvard Road. ”
29. As of the date of execution of the Trust, Josephine had not conveyed the 2
Howard Street, Ayer, Massachusetts property into the Trust.
30. On April 5, 2021, three days after execution of the Trust, Defendant executed a
deed, again purportedly as attorney-in-fact for Josephine, conveying the property located at 2
Howard Street, Ayer, Massachusetts into the Trust.
31. On information and belief, the deed was not properly executed, as the Defendant
identified himself as the grantor and signed as if he were the grantor, when proper execution
required him to sign as Josephine. A true copy of the Howard Street deed into the Trust is
attached hereto as Exhibit F.
32. Because the 2 Howard Street property had a tenant, by Defendant arranging for
conveyance of the property into the Trust rather than directly to himself, the tenant would have
continued to send rent checks to Josephine.
33. In or about June 2023, Plaintiff went online and discovered that Josephine’s four
properties had been conveyed.
34. Plaintiff asked Josephine about what he had discovered regarding the
conveyances; it seemed that she was unaware and did not really comprehend that she no longer
owned these four properties. Josephine responded, “I might need those properties, and “I trust
Rob.” Plaintiff did not press the issue, as he did not want to upset Josephine, whose health was
very frail.
35. In or about 2010, Josephine informed Plaintiff that she planned to leave him the
property at 51 Wright Road, Ayer, Massachusetts upon her death.
36. In 2023, Josephine told Plaintiff that she thought some of her jewelry was
missing, and indicated that perhaps Defendant had put the jewelry in a safety deposit box. Since
Josephine’s death, none of her jewelry has been distributed to any family members.
37. Upon information and belief, the Power of Attomey, the four (4) deeds, and the
Trust were not drafted by an attorney representing Josephine, and Josephine was not represented
by legal counsel at the time these documents were executed.
38. Josephine had informed Plaintiff in or about 2010 that she had had an estate plan
drawn up by local attorneys, Charles Lessa and Carl Black.
39. Upon information and belief, Josephine told her niece, Susan Hudlin, that she had
executed a Will that would leave her estate to her surviving siblings.
40. Shortly before Josephine died, Defendant changed the locks on Josephine’s house.
After her death, when his sister Susan sought to enter the house to select clothes and jewelry for
Josephine for her funeral, Defendant called the police to the premises, and refused her entry.
41. While Josephine had informed her family that she wanted to be buried in her
black dress and pearls, Defendant pushed to have Josephine cremated, which was against her
wishes. Plaintiff had to convince the hospital where Josephine died (St. Joseph’s Hospital in
Nashua), to release the body to the funeral home by pointing out that the health care proxy and
power of attorey expired upon death.
42. Defendant did not attend Josephine’s funeral, which Plaintiff paid for without
contribution from Defendant.
43, According to the Registry of Deeds, on February 26, 2024, Defendant conveyed
the property located at 2 Howard Street, Ayer, Massachusetts, which was then titled to the Trust,
to himself, thereby completing his acquisition of all four parcels of real property that had been
owned by Josephine. A true copy of the deed conveying 2 Howard Street is attached hereto as
Exhibit G.
44. No Will has been offered for probate of Josephine’s estate. Plaintiff was not able
to access Josephine’s personal papers after her death to determine whether she had a Will that
should have been probated, as Defendant barred him from Josephine’s house.
45. Plaintiff has filed a Petition for Formal Probate of an Estate with respect to
Josephine’s estate in Middlesex Probate and Family Court, Docket No. MI22P2568EA, seeking
appointment as personal representative for her Estate and determination of heirs.
46. On information and belief, Defendant may be planning the imminent sale of the
parcels that he acquired, as he has been observed on multiple occasions entering a local real
estate agent’s office.
COUNT I—UNDUE INFLUENCE
47. Plaintiff realleges and incorporates the allegations contained in the above
paragraphs as if fully set forth herein.
48. Defendant exploited his relationship with Josephine and unduly influenced
Josephine to execute the Power of Attorney and the Trust, enabling him to gain control of her
assets.
49. Defendant had the opportunity to exercise undue influence over Josephine, who
trusted him and relied upon him for certain of her needs.
50. Josephine, who was elderly and dependent, was susceptible to undue influence.
Sl. Through the exercise of undue influence, Defendant obtained the entirety of
Josephine’s real and personal assets to the exclusion of other family members who enjoyed close
relationships with her, resulting in an unnatural disposition of her property.
52. As a result thereof, Plaintiff has been damaged in an amount to be determined at
trial.
COUNT II—BREACH OF FIDUCIARY DUTY
53. Plaintiff realleges and incorporates the allegations contained in the above
paragraphs as if fully set forth herein.
54. Due to his appointment as Josephine’s attorney-in-fact under the Power of
Attomey and his management of Josephine’s finances, Defendant owed a fiduciary duty to
Josephine and was obligated to act in her best interest.
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55. Defendant breached his fiduciary duty to Josephine by engaging in self-dealing,
including by transferring Josephine’s real property and other assets to himself through exercise
of the Power of Attorney and creation of the Trust, without regard to Josephine’s interests, well-
being, or estate planning intentions.
56. As a result thereof, Plaintiff has beeri damaged in an amount to be determined at
trial.
COUNT II—DECLARATORY JUDGMENT G.L. c. 231A 1
57. Plaintiff realleges and incorporates the allegations contained in the above
paragraphs as if fully set forth herein.
58. There exists an actual and justiciable controversy between the parties, which issue
t
is appropriate for judicial relief.
59. By reason of Josephine’s assets being acquired through Defendant’s undue
influence and breach of his fiduciary duty, the Court should issue a declaratory judgment
confirming that the Trust and the four deeds executed by Defendant are invalid, void, and of no
legal effect.
COUNT IV—CONSTRUCTIVE TRUST
60. Plaintiff realleges and incorporates the allegations contained in the above
paragraphs as if fully set forth herein.
61. Defendant is in possession, custody or control of real property and other assets,
which rightfully belong to Josephine’s estate.
62. Property wrongfully acquired by Defendant as the result of exercise of undue
influence and breaches of fiduciary duty should be deemed to be held in constructive trust as
assets of the Estate of Josephine L. Hurley.
COUNT V—RESCISSION OF DEEDS AND TRUST
63. Plaintiff realleges and incorporates the allegations contained in the above
paragraphs as if fully set forth herein.
64. Defendant acquired ownership of Josephines’ four (4) parcels of real property and
her personal property through the exercise of undue influence and/or in breach of his fiduciary
duty.
65. As such, the deeds whereunder Defendant acquired title to Josephine’s real
property and the Trust should be rescinded and held to be invalid, void, and of no legal effect.
COUNT VI—DEMAND FOR AN ACCOUNTING
66. Plaintiff realleges and incorporates the allegations contained in the above
paragraphs as if fully set forth herein.
67. Due to Defendant’s control of Josephine’s finances since execution of the Power
of Attorney, if not earlier, Defendant should be required to provide an accounting with respect to
his management and use of Josephine’s assets before and after her death.
COUNT VII—CONVERSION
68. Plaintiff realleges and incorporates the allegations contained in the above
paragraphs as if fully set forth herein.
69. Defendant wrongfully converted Josephine’s assets when he conveyed her real
and personal property to himself without the knowledge and/or consent of Josephine.
70. As a result thereof, Plaintiff has suffered damages in an amount to be determined
at trial.
JURY DEMAND
Plaintiff claims a jury trial on all claims so triable.
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WHEREFORE, Plaintiff, James M. Hurley, respectfully requests that the Court:
1 Enter judgment on all Counts in favor of Plaintiff and against Defendant, Robert W.
Hudlin;
Issue a memorandum of lis pendens as to each of the subject Massachusetts properties:
(a) 92 Pleasant Street, Ayer, Massachusetts; (b) 51 Wright Road, Ayer, Massachusetts;
and (c) 2 Howard Street, Ayer, Massachusetts;
Enter a declaratory judgment that the deeds conveying (a) 92 Pleasant St., Ayer,
Massachusetts; (b) 51 Wright Rd., Ayer, Massachusetts; (c) 2 Howard St., Ayer,
Massachusetts; and (d) 543 Mason Bay Rd., Jonesport, Maine are null, void, and of no
legal effect, and title to such real property is held by the Estate of Josephine L. Hurley;
Order that the deeds conveying (a) 92 Pleasant St., Ayer, Massachusetts; (b) 51 Wright
Rd., Ayer, Massachusetts; (c) 2 Howard St., Ayer, Massachusetts; and (d) 543 Mason
Bay Rd., Jonesport, Maine be rescinded and deemed are null, void, and of no legal effect,
and title to such real property is held by the Estate of Josephine L. Hurley;
Order that a constructive trust be established for the benefit of the Estate of Josephine L.
Hurley with respect to all assets wrongfully taken by, used by, or conveyed to Defendant;
Award Plaintiff and the other heirs of the Estate of Josephine L. Hurley such other
damages resulting from Defendant’s wrongful conduct;
Order that Defendant provide an accounting as to his management and use of the assets
of Josephine L. Hurley;
Award Plaintiff his attorney’s fees and costs; and
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9. Grant such other and further reliefas may be just and equitable.
Respectfully submitted,
JAMES M. HURLEY,
By his Attorneys,
Patricia KeandMartin, Esq. (BBO#S61569)
Molly Cochran, Esq. (BBO # 551833)
Seegel Lipshutz Lo & Martin, LLP
80 William Street, Suite 200
Wellesley, MA 02481
Phone: 781-431-7700
pkmartin@silm-law.com
Dated: May , 2024 meochran@sllm-law.com
VERIFICATION
I, James M. Hurley, have personal knowledge of all the facts stated in this Complaint and
hereby swear under the pains and penalties of perjury that all of those facts are true and accurate,
and that such facts as are pleaded upon information and belief are believed by me to be true, and
that no material facts have been omitted therefrom.
Wore ee Wh tog
J fes M. Hurley
fated: May“, 2024
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EXHIBIT A |
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Cy
UE
Bk: 74964 Pg: 233 Doc: PA
Page: 1 of 11 06/25/2020 10:57 AM
DURABLE POWER OF ATTORNEY FOR FINANCIAL
MANAGEMENT
WARNING TO PERSON EXECUTING THIS DOCUMENT
THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE
POWER OF ATTORNEY. BEFORE EXECUTING THIS DOCUMENT, YOU
SHOULD KNOW THESE IMPORTANT FACTS:
THIS DOCUMENT MAY PROVIDE THE PERSON YOU DESIGNATE AS
YOUR ATTORNEY-IN-FACT WITH BROAD LEGAL POWERS, INCLUDING
THE POWERS TO MANAGE, DISPOSE, SELL AND CONVEY YOUR REAL
AND PERSONAL PROPERTY AND TO BORROW MONEY USING YOUR
PROPERTY AS SECURITY FOR THE LOAN.
THESE POWERS WILL CONTINUE TO EXIST EVEN IF YOU BECOME
DISABLED OR INCAPACITATED. THESE POWERS WILL EXIST UNTIL
YOU REVOKE OR TERMINATE THIS POWER OF ATTORNEY. YOU HAVE
THE RYGHT TO REVOKE OR TERMINATE THIS POWER OF ATTORNEY AT
ANY TIME.
THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL
OR OTHER HEALTH CARE DECISIONS FOR YOU.
IF THERE IS ANYTHINGABOUT THIS FORM THAT YOU DO NOT
UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOu.
1. Principal and Attorney-in-Fact
PRINCIPAL
Josephine L. Hurley /
20 Groton-Harvard Road
Ayer, Massachusetts 01432
I, Josephine L. Hurley, appoint the person named below as my attomey-in-fact to act for
Pe, me ne a et + aan
me in any lawful way with respect to the powers delegated in Part4, below.
ATTORNEY-IN-FACT
Robert W. Hudlin
3 Ledgeway
Ayer, Massachusetts 01432
2. Delegation of Authority
My attorney-in-fact may delegate, in writing, any authority granted under this durable
power of attorney to a person he or she selects. Any such delegation shall state the period
during which it is valid and specify the extent of the delegation.
3. Effective Date
This power of attorney is effective immediately, and shall continue in effect if I become
incapacitated or disabled.
4. Powers of Attorney-in-Fact
1 grant my attorney-in-fact power to act on my behalf in the following matters, as
indicated by my initials next o each granted power.
=
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INITIALS 9
xJLa (1) Real estate transactions.
xt (2) Tangible personal property transactions.
xen (3) Stock and bond, commodity, option and other securities transactions.
xJeH (4) Banking and other financial institution transactions.
x Jew (5) Business operating transactions.
(© Digital assets.
xEw (7) Insurance and annuity transactions.
xTiy _ (8) Estate, trust, and other beneficiary transactions.
x¥Lae (9) Living trust transactions.
xo bu (10) Legal actions.
x Tit (11) Personal and family care.
xT (12)
Pet care.
xoLe (13) Government benefits.
xX i (14) Retirement plan transactions.
x abit (15) Tax matters.
EY (16) Gift transactions.
These powers are defined in Part 11, below.
5. Compensation and Reimbursement of Attorney-in-Fact
My attorney-in-fact shall be entitled to reimbursement for reasonable expenses and
reasonable compensation for services. What constitutes reasonable compensation shall be
determined exclusively by my attorney-in-fact. If more than one attorney-in-fact is named
in this document, each shall have the exclusive right to determine what constitutes
reasonable compensation for his or her own duties.
6. Personal Benefit to Attori@)-in-Fact
My attomney-itfact may buy any assets of mine or engage in any transaction he or she
deems in good faith to be in my interest, no matter what the interest or benefit to my
attorney-in-fact.
7. Commingling by Attorney-in-Fact
My attomey-in-fact may not commingle any of my funds with any funds of his or hers.
8. Liability of Attorney-in-Fact
My attorney-in-fact shall not incur any liability to me, my estate, my heirs, successors or
assigns for acting or refraining from acting under this document, except for willful
misconduct or gross negligence. My attorney-in-fact is not required to make my assets
produce income, increase the value of my estate, diversify my investments or enter into
transactions authorized by this document, as long as my attomey-in-fact believes his or
her actions are in my best interests or in the interests of my estate and of those interested
in my estate. A successor attomney-in-fact shall not be liable for acts of a prior attorney-
in-fact.
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9. Reliance on This Power of Attorney
Any third party who receives a copy of this document may rely on and act under it.
Revocation of the power of attomey is not effective as to a third party until the third party
has actual knowledge of the revocation. I agree to indemnify the third party for any
claims that arise against the third party because of reliance on this power of attorney.
10. Severability
If any provision of this document is ruled unenforceable, the remaining provisions shall
stay in effect.
11. Definition of Powers Granted to Attorney-in-Fact
The powers granted in Part4, above, authorize my attorney-in-fact to do the following:
(1) Real estate transactions
My attorney-in-fact may act for me in any manner to deal with all or any part of any
interest in real property that I own at the time of execution of this document or later
acquire, under such terms, conditions and covenants as my attomey-in-fact deems
proper. My attomney-in-fact’s powers include but are not limited to the power to:
(a) Accept as a gift, or as sgcurity for a loan, reject, demand, buy, lease, receive or
otherwjse acquire ownership or possession of any estate or interest in real property.
(b) Sell, exchange, convey with or without covenants, quitclaim, release, surrender,
mortgage, encumber, partition or consent to the partitioning of, grant options
concerning, lease, sublet or otherwise dispose of any interest in real property.
(c) Maintain, repair, improve, insure, rent, lease, and pay or contest taxes or assessments
on any estate or interest in real property I own or claim to own.
(d) Prosecute, defend, intervene in, submit to arbitration, settle and propose or accept a
compromise with respect to any claim in favor of or against me based on or involving
any real estate transaction.
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(2) Tangible personal property transactions
My attomey-in-fact may act for me in any manner to deal with all or any part of any
interest in personal property that | own at the time of execution of this document or
later acquire, under such terms as my attorney-in-fact deems proper. My attorney-in-
fact's powers include but are not limited to the power to lease, buy, exchange, accept
as a gift or as security for a loan, acquire, possess, maintain, repair, improve, insure,
rent, sell, convey, mortgage, pledge, and pay or contest taxes and assessments on any
tangible personal property.
(3) Stock and bond, commodity, option and other securities transactions
My attorney-in-fact may do any act which I can do through an agent, with respect to
any interest in a bond, share, other instrument of similar character or commodity. My
attorney-in-fact's powers include but are not limited to the power to:
(a) Accept as a gift or as security for a loan, reject, demand, buy, receive or otherwise
acquire ownership or possession of any bond, share, instrument of similar character,
commodity interest or any investment with respect thereto, together with the interest,
dividends, proceeds or other distributions connected with it.
(b) Sell (including short sales), exchange, transfer, release, surrender, pledge, trade in or
otherwise dispose of any bond, share, instrument of similar character or commodity
interest®
(c) Demand, receive and obtain any money or other thing of value to which I am or may
become or may claim to be entitled as the proceeds of any interest in a bond, share,
other instrument of similar character or commodity interest.
(d) Agree and contract, in any manner, and with any broker or other person and on any
terms, for the accomplishment of any purpose listed in this section,
{e) Execute, acknowledge, seal and deliver any instrument my attorney-in-fact thinks
useful to accomplish a purpose listed in this section, or any report or certificate
required by Jaw or regulation.
(4) Bankinand g other financial institution transactions
My attorney-in-fact may do any act that I can do through an agent in connection with
any banking transaction that might affect my financial or other interests. My attomney-
in-fact's powers include but are not limited to the power to:
(a) Continue, modify and terminate any deposit account or other banking arrangement, or
we me ee = eee - - nee
open either in the name of the attomey-in-fact alone or my name alone or in both our
names jointly, a deposit account of any type in any financial institution, rent a safe
deposit box or vault space, have access to a safe deposit box or vaultto which I would
have access, and make other contracts with the institution.
(b) Make, sign and deliver checks or drafts, and withdraw my funds or property from any
financial institution by check, order or otherwise.
(c) Prepare financial statements concerning my assets and liabilities or income and
expenses and deliver them to any financial institution, and receive statements, notices
or other documents from any financial institution.
(d) Borrow money from a financial institution on terms my attorney-in-fact deems
acceptable, give security out of my assets, and pay, renew or extend the time of
payment of any note given by or on my behalf.
(5) Business operating transactions
My attorney-in-fact may do any act that 1 can do through an agent in connection with
any business operated by me that my attomey-in-fact deems desirable. My attomney-
in-fact’s powers include but are not limited to the power to:
-
(a) Perforrg any duty and exercise any right, privilege or option which I have or claim to
have under any contract of partnership, enforce the terms of any partnership
agreement, and defend, submit to arbitration or settle any legal proceeding to which I
am a party because of membership in a partnership.
(b) Exercise in person or by proxy and enforce any right, privilege or option which I have
as the holder of any bond, share or instrument of similar character and defend, submit
to arbitration or settle a legal proceeding to which I am a party because of any such
bond, share or instrument of similar character.
(c) With respect to a business owned solely by me, continue, modify, extend or terminate
any contract on my behalf, demand and receive all money that is due or claimed by
me and use such funds in the operation of the business, engage in banking
transactions my attorney-in-fact deems desirable, determine the location of the
operation,
the nature of the business it undertakes, its name, methods of
manufacturing, selling, marketing, financing, accounting, form of organization and
insurance, and hiring and paying employees and independent contractors.
(d) Execute, acknowledge, seal and deliver any instrument of any kind that my attorney-
Durable Power of Attorney for Financial Management — Pace
6 of 10
.
in-fact thinks useful to accomplish any purpose listed in this section.
(e) Pay, compromise or contest business taxes or assessments.
(f) Demand and receive money or other things of value to which I am or claim to be
entitled as the proceeds of any business operation, and-conserve, invest, disburse or
use anything so received for purposes listed in this section.
(©) Digital assets
My attomey-in-fact may act for me as an account holder and authorized user of my
digital assets. My attorney-in-fact's powers include but are not limited to access,
control, use, transfer, distribution, duplication, deactivation or deletion of my digital
assets. My digital assets include but are not limited to email or other electronic
communication, personal or professional websites, online banking and other financial
accounts, frequent flyer accounts and other reward programs, social media profiles,
digital music, photographs or videos, software or any other electronic record or
account. To exercise this power, my attorney-in-fact may access and control any
device or equipment used by me to store or manage my digital assets, such as desktop
computers, laptop computers, tablets, external drives, cell phones or any other device
used for access and contra]of digital assets that currently exists or may exist as
technolégy develops.
(7) Insurance
and annuity transactions
My attorney-in-fact may do any act that can do through an agent, in connection with
any insurance or annuity policy, that my attorney-in-fact deems desirable. My
attorney-in-fact's powers include but are not limited to the power to:
(a) Continue, pay the premium on, modify, rescind or terminate any annuity or policy of
life, accident, health, disability or liability insurance procured by me or on my behalf
before the execution of this power of attorney.
(b) Procure new, different
or additional contracts of life, accident, health, disability or
liability insurance; modify, rescind or terminate any such contract; and designate the
~ beneficiary of any such contract.
(c) Sell, assign, borrow on, pledge, or surrender and receive the cash surrender vaiue of
any policy.
ui
eee ~~ ase = oe
(8) Estate, trust and other beneficiary transactions
My attomey-in-fact may act for me in all matters that affect a trust, probate estate,
guardianship, conservatorship, escrow, custodianship or other fund from which I am,
may become or claim to be entitled, as a beneficiary, to a share or payment. My
attorney-in-fact's authority includes the power to disclaim, release or renounce any
assets which I am, may become or claim to be entitled, as a beneficiary, to a share or
payment.
(9) Living trust transactions
My attormey-in-fact may transfer ownership of any property over which he or she has
authority under this document to the trustee of a revocable trust I have created as
settlor. Such property may include real property, stocks, bonds, accounts with
financial institutions, insurance policies or other property.
(10) Legal actions
My attomey-in-fact may act for me in all matters that affect claims in favor of or
against me and proceedings in any court or administrative body. My attomey-in-fact's
powers include but are not limited to the power to:
(a) Hire an attomey to assest any claim or defense before any court, administrative board
or other tribunal.
(b) Submit to arbitration or mediation or settle any claim in favor of or against me or any
litigation to which J am a party, pay any judgment or settlement and receive any
money or other things of value paid in settlement.
(11) Personal
and family care
My attomey-in-fact may do all acts necessary to maintain my customary standard of
living, and that of my spouse and children and other persons customarily supported
by or legally entitled to be supported by me. My attorney-in-fact's powers include but
are not limited to the power to:
(a) Pay for medical, dental and surgical care, living quarters, usual vacations and travel
. expenses, shelter, clothing, food, appropriate education and other living costs.
(b) Continue arrangements with respect to automobiles or other means of transportation,
charge accounts, discharge of any services or duties assumed by me to any parent,
relative or friend, contributions or payments incidental to membership or affiliation in
any church, club, society or other organization.
(12) Pet care
My attomey-in-fact may use my funds or other property as reasonably necessary to
provide for the health, care, and welfare of any pets or animals that belong to me,
including (but not limited to) expenditures for food, veterinary care, grooming, toys,
day care, and temporary boarding or pet-sitting fees. 1 grant my attorney-in-fact the
authority to maintain my pets or animals in the same standard of health, care, and
welfare as I have done. For purposes of this document, any actions taken by my
attomey-in-fact for the benefit of my pets or animals shall be considered taken for my
own benefit.
(13) Government benefits
My attomey-in-fact may act for me in all matters that affect my right to government
benefits, including Social Security , Medicare, Medicaid, or other governmental
programs, or civil or military service. My attorney-in-fact’s powers include but are not
limited to the power to:
(a) Prepare, execute, file, prosecute, defend, submit to arbitration or settle a claim on my
behalf to benefits or assistance, financial or otherwise.
(b) Receive the proceeds of such a claim and conserve, invest, disburse or use them on
-
my behalf.
%
(14) Retirement plan transactions
My attomey-in-fact may act for me in all matters that affect my retirement plans. My
attomney-in-fact's powers include but are not limited to the power to select payment
options under any retirement plan in which I participate; make contributions to those
plans, exercise investment options, receive payment from a plan, roll over plan
benefits into other retirement plans, designate beneficiaries under those plans and
change existing beneficiary designations.
(15) Tax matters
My attorney-in-fact may act for me in all matters that affect my local, state and
federal taxes. My attomney-in-fact's powers include but are not limited to the power to:
(a) Prepare, sign and file federal, state, local and foreign income, gift, payroll, Federal
Insurance Contributions Act retums and other tax returns, claims for refunds, requests
for extension of time, petitions, any power of attorney required by the Internal
Revenue Service or other taxing authority, and other documents.
RineahleBD. affA fae Th 1A. ~. Dane
O nf 10
.
(b) Pay taxes due, collect refunds, post bonds, receive confidential informa
tion, exercise
any election available to me and contest deficiencies determined by a taxing
authority.
(16) Gift transactions
My attomey-in-fact may make gifts and other transfers of my property without
consideration or with less than full consideration, including forgiveness of debts owed
to me and completion of charitable pledges that I have made, even if a gift or transfer
exceeds the annual dollar limits of the federal gift tax exclusion. However, my
attorney-in-fact shall not make gifts of my property to himself or herself, or anyone
he or she is legally obligated to support, worth more than a total of $1,000,000 in any
calendar year.
I understand the importance of the powers I delegate to my attomey-in-fact in this
document. I recognize that the document gives my attomey-in-fact broad powers over my
assets, and that these powers will become effective as soon as I sign this document and
continue indefinitely unless I revoke this durable power of attomey.
Signed this git dayor LEBRYARY ORO
Commonwealth of usetts, County of LUO DLESEX
Signature: 1%
MV Foseghina L. |
PREPARATION STATEMENT
This document was prepared by:
Josephine L. Hurley
20 Groton-Harvard Road
Ayer, Massachusetts 01432
Tnrahlbs Pawor of A: far inannial MM: min tn oan
se
.
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
Commonwealth of Massachusetts )
) ss.
County of Middlesex
On this 5™ day of february 20a, before me, the undersigned notary public,
personally appeared aJosepioe Hurl (name of document
signer), proved to me through satisfactory evidence of identification, which were
MAD » to be the person whose name is signed on the preceding or
attached document, and acknowledged to me that she signed it voluntarily for its stated
purpose.
© ay COUMNGSION ODPIRES OGL 7,22
[NOTARIAL SEAL] .,
the Commonwealth of Massachusetts
My commission expires: 07-2
[()- 022 _
®
ante ek em 2 me
EXHIBIT B~
ander laws of......, MASSACRUSETES
,......,, whoxe address is....... eeeeeeeenrees eee
wake in Street, Avex, Massachusete Boece ceccccvenaseaee (hetein "Lender",
rin the principal sum of... 2YEAVE, Thousand, and 00/100
Band
s
RNAI OREN
; . »Chersin “Note"), providing for monthly inutallments of principal and interest,
x
N
weeny, 19°"sereee198 200 «++ «Dollars, which indebtedness ix evidenced by Borrower's note
3 owed. ‘Sprit Ten etea as
with the bulunce of the indebtedness, if not sooner paid, due and payable mm .theee years. From, date.«
ve nneeneee eee wanes
To Securx to Lender (n) the repayment of the indebtedness evidenced by the Note, with interest thereon, the
payment of all other sums, with interest thereon, advanced in accordance herewith to protect the xecurity of thix
Mortgage, and the performance of the covenants and agreements of Borrower herein contained, and (b) the repayment
of any future advances, with interest thercon, made to Borrower by Lender pursuunt to paragraph 21 hereof (herein
“Future Advances"), Borrower does hereby mo:
described property tocuted in the County of. vee mith rant and convey to Lender, with power of sale, the following
dlesex.. wee «State of Massachusetts:
The Land with the buildings thereon, situated in said Ayer on the
northerly side of Howard Street, being Lot 1 as shown on lan entitled
"Land in ox, Ma ss. suxveyed for Alfred York, October 1961, Charles
A. Perkins Co. Engineers and Surveyors, Plan No. 2-20714. " bounded and
described as follows, said
District Deeds, Book 9961,
Beginni ng at the interse ction
Page
being recorded
443;
with Middlasex
of Howard Street and Pearl Street,
South
and thence runn: Norch 35° 20’ Eas t by said Pearl Street, one
hundred thirty: six and 74/100 (136.74) feet to land of Richard Boisseau;
Thence Yunn: South 54° 40' East by said Boisseau land seventy-two
and 99/100 (72.99) eet to Lot 2, as shown on said plan;
ence running South 35° 20' West by said Lot 2, sixty-two and
57/100 (62.57) feet to a co eT
ence cunt: South 53° 13° 20" East by said Lot 2, twenty-one
and 59/100 (21.59) eet to & corner;
20" West by said Lot 2, fifty-five
Thence runnin,
and 80/100 (55.80) fe North
South 35° 45'
et to said Howard Street;
65° 30' West by said Howard Street ninety-four
Thence runnin
and 87/100 (94.87) eet to the point of beginning.
Bei the same premises conveyed to me by deed of Joan D. Blood,
Executrix of the Estate of Richard D. Wiseman, dated April 7, 1983
to be recorded herewith.
which has the address of een seseneed, BOWAtA SExeet,. Ayex, Massachusen te. 02432..4
(Street)
seeee ve cee eereecaeenee (herein “Property Address");
sate and Zip Code)
ToortHeR with all the improvements now or hereafter erected on the property, and all casements, tights,
appurtenance: 4, Tents, royaltics, mincral, oil and gas rights and profits, water, water rights, and water stock, and ail
fo the propert, y, all of which, including replacements and additions thereto, shall be
fixtures now oF hereafter attached wake cae. aawsanad hes this Mastanaa: and all af the farceaing. tocether with said
2 MY BIVMHIW AgIT YIEUTE FYpEeyy en) PUR Vereen we Zeeneg protenete sereemnneeeer = eet eres
‘ plus ones twelfth of yearly premium installments for mortgage insurance, if any, all as seasonably estimated jnitiany and from
time to time by Lender on the basix of axscssments and bills and reasonable estimates thereof,
‘The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or
state agency (including Lender if Lender ix such an institution), Lender shat! apply che Funds to pay said taxcs,
insuranes premiums and ground rents, Lender may not charge for x0 holding and applying the Funds, analyzing sald account,
or verifying and compiling sald assessments and bills, untess Lender interest on the Punds and applicable law
permits Lender to make such a charge, Borrower and Lender may agree in writing at the time of exocution of
Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law
requires such interest to be paid, Lender shall not be required to pay Borrower interest of carnings on the Funds, Lender
shall give to Borrower, without charge, an annual accounting the Funds showing credits and debits to the Funds and the
purpose for which each debit to the Funds was made. Tho Funds are pledged as additional security for the sums secured
by this Mortgage,
Jf the amount of the Funds held by L
Preview
\ LED COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO: QuFicv 1 39dO0 JAMES M. HURLEY, Plaintiff v. ROBERT W. HUDLIN, Defendant and INTHE PLE of tHE ‘OF COURTS. CHRISTINE HUDLIN, FORTHE COUNTY ‘OF MIDDLESEX KELLY J. MORSE, MICHAEL P. PHELAN, MAY 15. 2024 MICHAEL W. HURLEY, LYNN M. HURLEY KOCSIS, KAREN A. HURLEY WENDELL, Pui SARAH L. MORISSETTE, Interested Parties VERIFIED COMPLAINT The Plaintiff, James M. Hurley, by his attorneys, brings this Verified Complaint against the Defendant, Robert Hudlin. Christine Hudlin, Kelly J. Morse, Michael P. Phelan, Michael W. Hurley, Lynn M. Hurley Kocsis, Karen A. Hurley Wendell, and Sara L. Morissette (together “Interested Parties”) are named as interested parties because they are heirs-at-law of the late Josephine L. Hurley, along with Plaintiff. PARTIES 1 The Plaintiff, James M. Hurley (“Plaintiff”), is an individual residing at 137 Oakridge Drive, Ayer, Massachusetts 01432. Plaintiff is the brother of the late Josephine Hurley (“Josephine”), who died on December 18, 2023. 2 The Defendant, Robert Hudlin (“Defendant”), is an individual residing at 3 Ledgeway St., Ayer, Massachusetts 01432, and/or at 20 Groton-Harvard Road, Ayer, Massachusetts 01432. Defendant is the nephew of Josephine and Plaintiff. 3 Christine Hudlin is an individual residing at 32 Perkins Road, Rye Beach, New Hampshire 03870. She is Josephine’s sister, Defendant’s mother, and an heir of Josephine. 4. Kelly J. Morse is an individual residing at 160 Camelot Shore Drive, Farmington, New Hampshire 03835. She is Josephine’s niece and an heir of Josephine (Josephine’s sister, Ruth Phelan, having predeceased her). 5. Michael P. Phelan is an individual residing at 11 Adrien Circle, Apartment 311, Rochester, New Hampshire 03867. He is Josephine’s nephew and an heir of Josephine (Josephine’s sister, Ruth Phelan, having predeceased her). 6. Michael W. Hurley is an individual residing at 15 Digby Lane, Dover, New Hampshire 03820. He is Josephine’s nephew and an heir of Josephine (Josephine’s brother, Joseph Hurley, having predeceased her). 7 Lynn M. Hurley Kocsis is an individual residing at 94 Maple Road, #100, Easton, Connecticut 06612. She is Josephine’s niece and an heir of Josephine (Josephine’s brother, Joseph Hurley, having predeceased her). 8 Karen A. Hurley Wendell is an individual residing at 1365 Norwood Avenue, Boulder, Colorado 80304. She is Josephine’s niece and an heir of Josephine (Josephine’s brother, Joseph Hurley, having predeceased her). 9 Sarah L. Morissette is an individual residing at 33 Westwind Road, Andover, Massachusetts 01810. She is Josephine’s niece and an heir of Josephine (Josephine’s sister, Loretta Hurley, having predeceased her). JURISDICTION AND VENUE 10. This Court has jurisdiction of this matter under G.L. c. 214 §1, and venue is proper as the Plaintiff resides in Middlesex County and three (3) of the subject properties are in Middlesex County. FACTS 11. Josephine, who was unmarried and had no children, resided at 20 Groton- Harvard Road, Ayer, Massachusetts until her death at the age of 94, on December 18, 2023. 12. Plaintiff, who is 15 years younger than Josephine, lived very close to, spent holidays with, and frequently visited with Josephine. 13. In early 2020, Josephine owned four parcels of residential real estate: (a) 92 Pleasant St., Ayer, Massachusetts; (b) 51 Wright Rd., Ayer, Massachusetts; (c) 2 Howard St., Ayer, Massachusetts; and (d) 543 Mason Bay Rd., Jonesport, Maine. Josephine collected rent from a tenant who lived at the 2 Howard Street property. 14. Josephine had informed Plaintiff that she held stock in AT&T and related : companies (which she acquired annually beginning in 1946 through her employment at AT&T), as well as other investments. She kept records of those investments in a dresser at her home. 15. Defendant, who has not held steady employment throughout his adult life, acted as caretaker of Josephine for the last few years of her life and was frequently present at her house. 16. In or about 2019, Josephine became homebound and was dependent on others for her care. Around that time, she showed signs of reduced executive functioning and told Plaintiff that she was having trouble with paperwork; she handed over management of her finances to Defendant, giving him her checkbook. 17. Josephine also showed signs of cognitive decline. For example, Josephine would refer to Defendant as “Holly,” which was the name she had used for her long-term significant other, Lawrence Holleran, who passed away in 2015. 18. Beginning in February 2020, Defendant began orchestrating a scheme to divest Josephine of all her assets at a time when she was in frail health, dependent upon, and susceptible to Defendant’s influence. 19. Registry of Deeds records show that on February 5, 2020, Josephine executed a durable power of attorney, appointing Defendant as her attorney-in-fact.(the “Power of Attorney”). A true copy of the Power of Attorney is attached hereto as Exhibit A. 20. Josephine was 90 years old on the date the Power of Attorney was executed. 21, Registry of Deeds records show that on April 14, 2020, Defendant-executed two (2) deeds purportedly as attorney-in-fact for Josephine, conveying the properties located at 92 Pleasant St., Ayer, Massachusetts and 51 Wright Rd., Ayer, Massachusetts to himself for no consideration. 22. On information and belief, these two deeds were not properly executed, as Defendant identified himself as the grantor and signed as if he were the grantor, when proper execution required him to sign as Josephine. True copies of the Pleasant St. and Wright Rd. deeds are attached as Exhibits B and C. 23. According to Registry of Deeds records, April 14, 2020 Defendant also executed a deed, again purportedly as attorney-in-fact for Josephine, conveying the property located at 543 Mason Bay Rd., Jonesport, Maine, to himself for no consideration. 24. On information and belief, the Maine deed was not properly executed, as Defendant identified himself as the grantor and signed as if he were the grantor, when proper execution required him to sign as Josephine. A true copy of the Maine deed is attached as Exhibit D. 25. Registry of Deeds records show that on April 2, 2021, Josephine executed a document captioned the “Josephine L. Hurley Revocable Living Trust” (“the Trust”), as Grantor and Trustee. A true copy of the Trust is attached hereto as Exhibit E. 26. Upon the death of the Grantor, the sole beneficiary of the Trust was Defendant, who was also designated to become successor trustee upon Josephine’s incapacity or death. 27. Section 2 of the Trust provides that the Grantor has “transferred and delivered to the trustee all her interest in the property identified in Schedule A.” 28. Schedule A of the Trust lists: (1) the property at 2 Howard Street, Ayer, Massachusetts and all items “contained therein and out”; and (2) “all furniture and items belonging to Josephine L. Hurley currently located at her residence at 20 Groton-Harvard Road. ” 29. As of the date of execution of the Trust, Josephine had not conveyed the 2 Howard Street, Ayer, Massachusetts property into the Trust. 30. On April 5, 2021, three days after execution of the Trust, Defendant executed a deed, again purportedly as attorney-in-fact for Josephine, conveying the property located at 2 Howard Street, Ayer, Massachusetts into the Trust. 31. On information and belief, the deed was not properly executed, as the Defendant identified himself as the grantor and signed as if he were the grantor, when proper execution required him to sign as Josephine. A true copy of the Howard Street deed into the Trust is attached hereto as Exhibit F. 32. Because the 2 Howard Street property had a tenant, by Defendant arranging for conveyance of the property into the Trust rather than directly to himself, the tenant would have continued to send rent checks to Josephine. 33. In or about June 2023, Plaintiff went online and discovered that Josephine’s four properties had been conveyed. 34. Plaintiff asked Josephine about what he had discovered regarding the conveyances; it seemed that she was unaware and did not really comprehend that she no longer owned these four properties. Josephine responded, “I might need those properties, and “I trust Rob.” Plaintiff did not press the issue, as he did not want to upset Josephine, whose health was very frail. 35. In or about 2010, Josephine informed Plaintiff that she planned to leave him the property at 51 Wright Road, Ayer, Massachusetts upon her death. 36. In 2023, Josephine told Plaintiff that she thought some of her jewelry was missing, and indicated that perhaps Defendant had put the jewelry in a safety deposit box. Since Josephine’s death, none of her jewelry has been distributed to any family members. 37. Upon information and belief, the Power of Attomey, the four (4) deeds, and the Trust were not drafted by an attorney representing Josephine, and Josephine was not represented by legal counsel at the time these documents were executed. 38. Josephine had informed Plaintiff in or about 2010 that she had had an estate plan drawn up by local attorneys, Charles Lessa and Carl Black. 39. Upon information and belief, Josephine told her niece, Susan Hudlin, that she had executed a Will that would leave her estate to her surviving siblings. 40. Shortly before Josephine died, Defendant changed the locks on Josephine’s house. After her death, when his sister Susan sought to enter the house to select clothes and jewelry for Josephine for her funeral, Defendant called the police to the premises, and refused her entry. 41. While Josephine had informed her family that she wanted to be buried in her black dress and pearls, Defendant pushed to have Josephine cremated, which was against her wishes. Plaintiff had to convince the hospital where Josephine died (St. Joseph’s Hospital in Nashua), to release the body to the funeral home by pointing out that the health care proxy and power of attorey expired upon death. 42. Defendant did not attend Josephine’s funeral, which Plaintiff paid for without contribution from Defendant. 43, According to the Registry of Deeds, on February 26, 2024, Defendant conveyed the property located at 2 Howard Street, Ayer, Massachusetts, which was then titled to the Trust, to himself, thereby completing his acquisition of all four parcels of real property that had been owned by Josephine. A true copy of the deed conveying 2 Howard Street is attached hereto as Exhibit G. 44. No Will has been offered for probate of Josephine’s estate. Plaintiff was not able to access Josephine’s personal papers after her death to determine whether she had a Will that should have been probated, as Defendant barred him from Josephine’s house. 45. Plaintiff has filed a Petition for Formal Probate of an Estate with respect to Josephine’s estate in Middlesex Probate and Family Court, Docket No. MI22P2568EA, seeking appointment as personal representative for her Estate and determination of heirs. 46. On information and belief, Defendant may be planning the imminent sale of the parcels that he acquired, as he has been observed on multiple occasions entering a local real estate agent’s office. COUNT I—UNDUE INFLUENCE 47. Plaintiff realleges and incorporates the allegations contained in the above paragraphs as if fully set forth herein. 48. Defendant exploited his relationship with Josephine and unduly influenced Josephine to execute the Power of Attorney and the Trust, enabling him to gain control of her assets. 49. Defendant had the opportunity to exercise undue influence over Josephine, who trusted him and relied upon him for certain of her needs. 50. Josephine, who was elderly and dependent, was susceptible to undue influence. Sl. Through the exercise of undue influence, Defendant obtained the entirety of Josephine’s real and personal assets to the exclusion of other family members who enjoyed close relationships with her, resulting in an unnatural disposition of her property. 52. As a result thereof, Plaintiff has been damaged in an amount to be determined at trial. COUNT II—BREACH OF FIDUCIARY DUTY 53. Plaintiff realleges and incorporates the allegations contained in the above paragraphs as if fully set forth herein. 54. Due to his appointment as Josephine’s attorney-in-fact under the Power of Attomey and his management of Josephine’s finances, Defendant owed a fiduciary duty to Josephine and was obligated to act in her best interest. 8 55. Defendant breached his fiduciary duty to Josephine by engaging in self-dealing, including by transferring Josephine’s real property and other assets to himself through exercise of the Power of Attorney and creation of the Trust, without regard to Josephine’s interests, well- being, or estate planning intentions. 56. As a result thereof, Plaintiff has beeri damaged in an amount to be determined at trial. COUNT II—DECLARATORY JUDGMENT G.L. c. 231A 1 57. Plaintiff realleges and incorporates the allegations contained in the above paragraphs as if fully set forth herein. 58. There exists an actual and justiciable controversy between the parties, which issue t is appropriate for judicial relief. 59. By reason of Josephine’s assets being acquired through Defendant’s undue influence and breach of his fiduciary duty, the Court should issue a declaratory judgment confirming that the Trust and the four deeds executed by Defendant are invalid, void, and of no legal effect. COUNT IV—CONSTRUCTIVE TRUST 60. Plaintiff realleges and incorporates the allegations contained in the above paragraphs as if fully set forth herein. 61. Defendant is in possession, custody or control of real property and other assets, which rightfully belong to Josephine’s estate. 62. Property wrongfully acquired by Defendant as the result of exercise of undue influence and breaches of fiduciary duty should be deemed to be held in constructive trust as assets of the Estate of Josephine L. Hurley. COUNT V—RESCISSION OF DEEDS AND TRUST 63. Plaintiff realleges and incorporates the allegations contained in the above paragraphs as if fully set forth herein. 64. Defendant acquired ownership of Josephines’ four (4) parcels of real property and her personal property through the exercise of undue influence and/or in breach of his fiduciary duty. 65. As such, the deeds whereunder Defendant acquired title to Josephine’s real property and the Trust should be rescinded and held to be invalid, void, and of no legal effect. COUNT VI—DEMAND FOR AN ACCOUNTING 66. Plaintiff realleges and incorporates the allegations contained in the above paragraphs as if fully set forth herein. 67. Due to Defendant’s control of Josephine’s finances since execution of the Power of Attorney, if not earlier, Defendant should be required to provide an accounting with respect to his management and use of Josephine’s assets before and after her death. COUNT VII—CONVERSION 68. Plaintiff realleges and incorporates the allegations contained in the above paragraphs as if fully set forth herein. 69. Defendant wrongfully converted Josephine’s assets when he conveyed her real and personal property to himself without the knowledge and/or consent of Josephine. 70. As a result thereof, Plaintiff has suffered damages in an amount to be determined at trial. JURY DEMAND Plaintiff claims a jury trial on all claims so triable. 10 WHEREFORE, Plaintiff, James M. Hurley, respectfully requests that the Court: 1 Enter judgment on all Counts in favor of Plaintiff and against Defendant, Robert W. Hudlin; Issue a memorandum of lis pendens as to each of the subject Massachusetts properties: (a) 92 Pleasant Street, Ayer, Massachusetts; (b) 51 Wright Road, Ayer, Massachusetts; and (c) 2 Howard Street, Ayer, Massachusetts; Enter a declaratory judgment that the deeds conveying (a) 92 Pleasant St., Ayer, Massachusetts; (b) 51 Wright Rd., Ayer, Massachusetts; (c) 2 Howard St., Ayer, Massachusetts; and (d) 543 Mason Bay Rd., Jonesport, Maine are null, void, and of no legal effect, and title to such real property is held by the Estate of Josephine L. Hurley; Order that the deeds conveying (a) 92 Pleasant St., Ayer, Massachusetts; (b) 51 Wright Rd., Ayer, Massachusetts; (c) 2 Howard St., Ayer, Massachusetts; and (d) 543 Mason Bay Rd., Jonesport, Maine be rescinded and deemed are null, void, and of no legal effect, and title to such real property is held by the Estate of Josephine L. Hurley; Order that a constructive trust be established for the benefit of the Estate of Josephine L. Hurley with respect to all assets wrongfully taken by, used by, or conveyed to Defendant; Award Plaintiff and the other heirs of the Estate of Josephine L. Hurley such other damages resulting from Defendant’s wrongful conduct; Order that Defendant provide an accounting as to his management and use of the assets of Josephine L. Hurley; Award Plaintiff his attorney’s fees and costs; and 11 9. Grant such other and further reliefas may be just and equitable. Respectfully submitted, JAMES M. HURLEY, By his Attorneys, Patricia KeandMartin, Esq. (BBO#S61569) Molly Cochran, Esq. (BBO # 551833) Seegel Lipshutz Lo & Martin, LLP 80 William Street, Suite 200 Wellesley, MA 02481 Phone: 781-431-7700 pkmartin@silm-law.com Dated: May , 2024 meochran@sllm-law.com VERIFICATION I, James M. Hurley, have personal knowledge of all the facts stated in this Complaint and hereby swear under the pains and penalties of perjury that all of those facts are true and accurate, and that such facts as are pleaded upon information and belief are believed by me to be true, and that no material facts have been omitted therefrom. Wore ee Wh tog J fes M. Hurley fated: May“, 2024 7 12 EXHIBIT A | . . Cy UE Bk: 74964 Pg: 233 Doc: PA Page: 1 of 11 06/25/2020 10:57 AM DURABLE POWER OF ATTORNEY FOR FINANCIAL MANAGEMENT WARNING TO PERSON EXECUTING THIS DOCUMENT THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS: THIS DOCUMENT MAY PROVIDE THE PERSON YOU DESIGNATE AS YOUR ATTORNEY-IN-FACT WITH BROAD LEGAL POWERS, INCLUDING THE POWERS TO MANAGE, DISPOSE, SELL AND CONVEY YOUR REAL AND PERSONAL PROPERTY AND TO BORROW MONEY USING YOUR PROPERTY AS SECURITY FOR THE LOAN. THESE POWERS WILL CONTINUE TO EXIST EVEN IF YOU BECOME DISABLED OR INCAPACITATED. THESE POWERS WILL EXIST UNTIL YOU REVOKE OR TERMINATE THIS POWER OF ATTORNEY. YOU HAVE THE RYGHT TO REVOKE OR TERMINATE THIS POWER OF ATTORNEY AT ANY TIME. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH CARE DECISIONS FOR YOU. IF THERE IS ANYTHINGABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOu. 1. Principal and Attorney-in-Fact PRINCIPAL Josephine L. Hurley / 20 Groton-Harvard Road Ayer, Massachusetts 01432 I, Josephine L. Hurley, appoint the person named below as my attomey-in-fact to act for Pe, me ne a et + aan me in any lawful way with respect to the powers delegated in Part4, below. ATTORNEY-IN-FACT Robert W. Hudlin 3 Ledgeway Ayer, Massachusetts 01432 2. Delegation of Authority My attorney-in-fact may delegate, in writing, any authority granted under this durable power of attorney to a person he or she selects. Any such delegation shall state the period during which it is valid and specify the extent of the delegation. 3. Effective Date This power of attorney is effective immediately, and shall continue in effect if I become incapacitated or disabled. 4. Powers of Attorney-in-Fact 1 grant my attorney-in-fact power to act on my behalf in the following matters, as indicated by my initials next o each granted power. = é INITIALS 9 xJLa (1) Real estate transactions. xt (2) Tangible personal property transactions. xen (3) Stock and bond, commodity, option and other securities transactions. xJeH (4) Banking and other financial institution transactions. x Jew (5) Business operating transactions. (© Digital assets. xEw (7) Insurance and annuity transactions. xTiy _ (8) Estate, trust, and other beneficiary transactions. x¥Lae (9) Living trust transactions. xo bu (10) Legal actions. x Tit (11) Personal and family care. xT (12) Pet care. xoLe (13) Government benefits. xX i (14) Retirement plan transactions. x abit (15) Tax matters. EY (16) Gift transactions. These powers are defined in Part 11, below. 5. Compensation and Reimbursement of Attorney-in-Fact My attorney-in-fact shall be entitled to reimbursement for reasonable expenses and reasonable compensation for services. What constitutes reasonable compensation shall be determined exclusively by my attorney-in-fact. If more than one attorney-in-fact is named in this document, each shall have the exclusive right to determine what constitutes reasonable compensation for his or her own duties. 6. Personal Benefit to Attori@)-in-Fact My attomney-itfact may buy any assets of mine or engage in any transaction he or she deems in good faith to be in my interest, no matter what the interest or benefit to my attorney-in-fact. 7. Commingling by Attorney-in-Fact My attomey-in-fact may not commingle any of my funds with any funds of his or hers. 8. Liability of Attorney-in-Fact My attorney-in-fact shall not incur any liability to me, my estate, my heirs, successors or assigns for acting or refraining from acting under this document, except for willful misconduct or gross negligence. My attorney-in-fact is not required to make my assets produce income, increase the value of my estate, diversify my investments or enter into transactions authorized by this document, as long as my attomey-in-fact believes his or her actions are in my best interests or in the interests of my estate and of those interested in my estate. A successor attomney-in-fact shall not be liable for acts of a prior attorney- in-fact. MW = nae de ML ta Rae man 2 21a 9. Reliance on This Power of Attorney Any third party who receives a copy of this document may rely on and act under it. Revocation of the power of attomey is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. 10. Severability If any provision of this document is ruled unenforceable, the remaining provisions shall stay in effect. 11. Definition of Powers Granted to Attorney-in-Fact The powers granted in Part4, above, authorize my attorney-in-fact to do the following: (1) Real estate transactions My attorney-in-fact may act for me in any manner to deal with all or any part of any interest in real property that I own at the time of execution of this document or later acquire, under such terms, conditions and covenants as my attomey-in-fact deems proper. My attomney-in-fact’s powers include but are not limited to the power to: (a) Accept as a gift, or as sgcurity for a loan, reject, demand, buy, lease, receive or otherwjse acquire ownership or possession of any estate or interest in real property. (b) Sell, exchange, convey with or without covenants, quitclaim, release, surrender, mortgage, encumber, partition or consent to the partitioning of, grant options concerning, lease, sublet or otherwise dispose of any interest in real property. (c) Maintain, repair, improve, insure, rent, lease, and pay or contest taxes or assessments on any estate or interest in real property I own or claim to own. (d) Prosecute, defend, intervene in, submit to arbitration, settle and propose or accept a compromise with respect to any claim in favor of or against me based on or involving any real estate transaction. Mt Ml a Mt MI Mi aes ce MLR Ment Daan An If (2) Tangible personal property transactions My attomey-in-fact may act for me in any manner to deal with all or any part of any interest in personal property that | own at the time of execution of this document or later acquire, under such terms as my attorney-in-fact deems proper. My attorney-in- fact's powers include but are not limited to the power to lease, buy, exchange, accept as a gift or as security for a loan, acquire, possess, maintain, repair, improve, insure, rent, sell, convey, mortgage, pledge, and pay or contest taxes and assessments on any tangible personal property. (3) Stock and bond, commodity, option and other securities transactions My attorney-in-fact may do any act which I can do through an agent, with respect to any interest in a bond, share, other instrument of similar character or commodity. My attorney-in-fact's powers include but are not limited to the power to: (a) Accept as a gift or as security for a loan, reject, demand, buy, receive or otherwise acquire ownership or possession of any bond, share, instrument of similar character, commodity interest or any investment with respect thereto, together with the interest, dividends, proceeds or other distributions connected with it. (b) Sell (including short sales), exchange, transfer, release, surrender, pledge, trade in or otherwise dispose of any bond, share, instrument of similar character or commodity interest® (c) Demand, receive and obtain any money or other thing of value to which I am or may become or may claim to be entitled as the proceeds of any interest in a bond, share, other instrument of similar character or commodity interest. (d) Agree and contract, in any manner, and with any broker or other person and on any terms, for the accomplishment of any purpose listed in this section, {e) Execute, acknowledge, seal and deliver any instrument my attorney-in-fact thinks useful to accomplish a purpose listed in this section, or any report or certificate required by Jaw or regulation. (4) Bankinand g other financial institution transactions My attorney-in-fact may do any act that I can do through an agent in connection with any banking transaction that might affect my financial or other interests. My attomney- in-fact's powers include but are not limited to the power to: (a) Continue, modify and terminate any deposit account or other banking arrangement, or we me ee = eee - - nee open either in the name of the attomey-in-fact alone or my name alone or in both our names jointly, a deposit account of any type in any financial institution, rent a safe deposit box or vault space, have access to a safe deposit box or vaultto which I would have access, and make other contracts with the institution. (b) Make, sign and deliver checks or drafts, and withdraw my funds or property from any financial institution by check, order or otherwise. (c) Prepare financial statements concerning my assets and liabilities or income and expenses and deliver them to any financial institution, and receive statements, notices or other documents from any financial institution. (d) Borrow money from a financial institution on terms my attorney-in-fact deems acceptable, give security out of my assets, and pay, renew or extend the time of payment of any note given by or on my behalf. (5) Business operating transactions My attorney-in-fact may do any act that 1 can do through an agent in connection with any business operated by me that my attomey-in-fact deems desirable. My attomney- in-fact’s powers include but are not limited to the power to: - (a) Perforrg any duty and exercise any right, privilege or option which I have or claim to have under any contract of partnership, enforce the terms of any partnership agreement, and defend, submit to arbitration or settle any legal proceeding to which I am a party because of membership in a partnership. (b) Exercise in person or by proxy and enforce any right, privilege or option which I have as the holder of any bond, share or instrument of similar character and defend, submit to arbitration or settle a legal proceeding to which I am a party because of any such bond, share or instrument of similar character. (c) With respect to a business owned solely by me, continue, modify, extend or terminate any contract on my behalf, demand and receive all money that is due or claimed by me and use such funds in the operation of the business, engage in banking transactions my attorney-in-fact deems desirable, determine the location of the operation, the nature of the business it undertakes, its name, methods of manufacturing, selling, marketing, financing, accounting, form of organization and insurance, and hiring and paying employees and independent contractors. (d) Execute, acknowledge, seal and deliver any instrument of any kind that my attorney- Durable Power of Attorney for Financial Management — Pace 6 of 10 . in-fact thinks useful to accomplish any purpose listed in this section. (e) Pay, compromise or contest business taxes or assessments. (f) Demand and receive money or other things of value to which I am or claim to be entitled as the proceeds of any business operation, and-conserve, invest, disburse or use anything so received for purposes listed in this section. (©) Digital assets My attomey-in-fact may act for me as an account holder and authorized user of my digital assets. My attorney-in-fact's powers include but are not limited to access, control, use, transfer, distribution, duplication, deactivation or deletion of my digital assets. My digital assets include but are not limited to email or other electronic communication, personal or professional websites, online banking and other financial accounts, frequent flyer accounts and other reward programs, social media profiles, digital music, photographs or videos, software or any other electronic record or account. To exercise this power, my attorney-in-fact may access and control any device or equipment used by me to store or manage my digital assets, such as desktop computers, laptop computers, tablets, external drives, cell phones or any other device used for access and contra]of digital assets that currently exists or may exist as technolégy develops. (7) Insurance and annuity transactions My attorney-in-fact may do any act that can do through an agent, in connection with any insurance or annuity policy, that my attorney-in-fact deems desirable. My attorney-in-fact's powers include but are not limited to the power to: (a) Continue, pay the premium on, modify, rescind or terminate any annuity or policy of life, accident, health, disability or liability insurance procured by me or on my behalf before the execution of this power of attorney. (b) Procure new, different or additional contracts of life, accident, health, disability or liability insurance; modify, rescind or terminate any such contract; and designate the ~ beneficiary of any such contract. (c) Sell, assign, borrow on, pledge, or surrender and receive the cash surrender vaiue of any policy. ui eee ~~ ase = oe (8) Estate, trust and other beneficiary transactions My attomey-in-fact may act for me in all matters that affect a trust, probate estate, guardianship, conservatorship, escrow, custodianship or other fund from which I am, may become or claim to be entitled, as a beneficiary, to a share or payment. My attorney-in-fact's authority includes the power to disclaim, release or renounce any assets which I am, may become or claim to be entitled, as a beneficiary, to a share or payment. (9) Living trust transactions My attormey-in-fact may transfer ownership of any property over which he or she has authority under this document to the trustee of a revocable trust I have created as settlor. Such property may include real property, stocks, bonds, accounts with financial institutions, insurance policies or other property. (10) Legal actions My attomey-in-fact may act for me in all matters that affect claims in favor of or against me and proceedings in any court or administrative body. My attomey-in-fact's powers include but are not limited to the power to: (a) Hire an attomey to assest any claim or defense before any court, administrative board or other tribunal. (b) Submit to arbitration or mediation or settle any claim in favor of or against me or any litigation to which J am a party, pay any judgment or settlement and receive any money or other things of value paid in settlement. (11) Personal and family care My attomey-in-fact may do all acts necessary to maintain my customary standard of living, and that of my spouse and children and other persons customarily supported by or legally entitled to be supported by me. My attorney-in-fact's powers include but are not limited to the power to: (a) Pay for medical, dental and surgical care, living quarters, usual vacations and travel . expenses, shelter, clothing, food, appropriate education and other living costs. (b) Continue arrangements with respect to automobiles or other means of transportation, charge accounts, discharge of any services or duties assumed by me to any parent, relative or friend, contributions or payments incidental to membership or affiliation in any church, club, society or other organization. (12) Pet care My attomey-in-fact may use my funds or other property as reasonably necessary to provide for the health, care, and welfare of any pets or animals that belong to me, including (but not limited to) expenditures for food, veterinary care, grooming, toys, day care, and temporary boarding or pet-sitting fees. 1 grant my attorney-in-fact the authority to maintain my pets or animals in the same standard of health, care, and welfare as I have done. For purposes of this document, any actions taken by my attomey-in-fact for the benefit of my pets or animals shall be considered taken for my own benefit. (13) Government benefits My attomey-in-fact may act for me in all matters that affect my right to government benefits, including Social Security , Medicare, Medicaid, or other governmental programs, or civil or military service. My attorney-in-fact’s powers include but are not limited to the power to: (a) Prepare, execute, file, prosecute, defend, submit to arbitration or settle a claim on my behalf to benefits or assistance, financial or otherwise. (b) Receive the proceeds of such a claim and conserve, invest, disburse or use them on - my behalf. % (14) Retirement plan transactions My attomey-in-fact may act for me in all matters that affect my retirement plans. My attomney-in-fact's powers include but are not limited to the power to select payment options under any retirement plan in which I participate; make contributions to those plans, exercise investment options, receive payment from a plan, roll over plan benefits into other retirement plans, designate beneficiaries under those plans and change existing beneficiary designations. (15) Tax matters My attorney-in-fact may act for me in all matters that affect my local, state and federal taxes. My attomney-in-fact's powers include but are not limited to the power to: (a) Prepare, sign and file federal, state, local and foreign income, gift, payroll, Federal Insurance Contributions Act retums and other tax returns, claims for refunds, requests for extension of time, petitions, any power of attorney required by the Internal Revenue Service or other taxing authority, and other documents. RineahleBD. affA fae Th 1A. ~. Dane O nf 10 . (b) Pay taxes due, collect refunds, post bonds, receive confidential informa tion, exercise any election available to me and contest deficiencies determined by a taxing authority. (16) Gift transactions My attomey-in-fact may make gifts and other transfers of my property without consideration or with less than full consideration, including forgiveness of debts owed to me and completion of charitable pledges that I have made, even if a gift or transfer exceeds the annual dollar limits of the federal gift tax exclusion. However, my attorney-in-fact shall not make gifts of my property to himself or herself, or anyone he or she is legally obligated to support, worth more than a total of $1,000,000 in any calendar year. I understand the importance of the powers I delegate to my attomey-in-fact in this document. I recognize that the document gives my attomey-in-fact broad powers over my assets, and that these powers will become effective as soon as I sign this document and continue indefinitely unless I revoke this durable power of attomey. Signed this git dayor LEBRYARY ORO Commonwealth of usetts, County of LUO DLESEX Signature: 1% MV Foseghina L. | PREPARATION STATEMENT This document was prepared by: Josephine L. Hurley 20 Groton-Harvard Road Ayer, Massachusetts 01432 Tnrahlbs Pawor of A: far inannial MM: min tn oan se . CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC Commonwealth of Massachusetts ) ) ss. County of Middlesex On this 5™ day of february 20a, before me, the undersigned notary public, personally appeared aJosepioe Hurl (name of document signer), proved to me through satisfactory evidence of identification, which were MAD » to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. © ay COUMNGSION ODPIRES OGL 7,22 [NOTARIAL SEAL] ., the Commonwealth of Massachusetts My commission expires: 07-2 [()- 022 _ ® ante ek em 2 me EXHIBIT B~ ander laws of......, MASSACRUSETES ,......,, whoxe address is....... eeeeeeeenrees eee wake in Street, Avex, Massachusete Boece ceccccvenaseaee (hetein "Lender", rin the principal sum of... 2YEAVE, Thousand, and 00/100 Band s RNAI OREN ; . »Chersin “Note"), providing for monthly inutallments of principal and interest, x N weeny, 19°"sereee198 200 «++ «Dollars, which indebtedness ix evidenced by Borrower's note 3 owed. ‘Sprit Ten etea as with the bulunce of the indebtedness, if not sooner paid, due and payable mm .theee years. From, date.« ve nneeneee eee wanes To Securx to Lender (n) the repayment of the indebtedness evidenced by the Note, with interest thereon, the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the xecurity of thix Mortgage, and the performance of the covenants and agreements of Borrower herein contained, and (b) the repayment of any future advances, with interest thercon, made to Borrower by Lender pursuunt to paragraph 21 hereof (herein “Future Advances"), Borrower does hereby mo: described property tocuted in the County of. vee mith rant and convey to Lender, with power of sale, the following dlesex.. wee «State of Massachusetts: The Land with the buildings thereon, situated in said Ayer on the northerly side of Howard Street, being Lot 1 as shown on lan entitled "Land in ox, Ma ss. suxveyed for Alfred York, October 1961, Charles A. Perkins Co. Engineers and Surveyors, Plan No. 2-20714. " bounded and described as follows, said District Deeds, Book 9961, Beginni ng at the interse ction Page being recorded 443; with Middlasex of Howard Street and Pearl Street, South and thence runn: Norch 35° 20’ Eas t by said Pearl Street, one hundred thirty: six and 74/100 (136.74) feet to land of Richard Boisseau; Thence Yunn: South 54° 40' East by said Boisseau land seventy-two and 99/100 (72.99) eet to Lot 2, as shown on said plan; ence running South 35° 20' West by said Lot 2, sixty-two and 57/100 (62.57) feet to a co eT ence cunt: South 53° 13° 20" East by said Lot 2, twenty-one and 59/100 (21.59) eet to & corner; 20" West by said Lot 2, fifty-five Thence runnin, and 80/100 (55.80) fe North South 35° 45' et to said Howard Street; 65° 30' West by said Howard Street ninety-four Thence runnin and 87/100 (94.87) eet to the point of beginning. Bei the same premises conveyed to me by deed of Joan D. Blood, Executrix of the Estate of Richard D. Wiseman, dated April 7, 1983 to be recorded herewith. which has the address of een seseneed, BOWAtA SExeet,. Ayex, Massachusen te. 02432..4 (Street) seeee ve cee eereecaeenee (herein “Property Address"); sate and Zip Code) ToortHeR with all the improvements now or hereafter erected on the property, and all casements, tights, appurtenance: 4, Tents, royaltics, mincral, oil and gas rights and profits, water, water rights, and water stock, and ail fo the propert, y, all of which, including replacements and additions thereto, shall be fixtures now oF hereafter attached wake cae. aawsanad hes this Mastanaa: and all af the farceaing. tocether with said 2 MY BIVMHIW AgIT YIEUTE FYpEeyy en) PUR Vereen we Zeeneg protenete sereemnneeeer = eet eres ‘ plus ones twelfth of yearly premium installments for mortgage insurance, if any, all as seasonably estimated jnitiany and from time to time by Lender on the basix of axscssments and bills and reasonable estimates thereof, ‘The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender ix such an institution), Lender shat! apply che Funds to pay said taxcs, insuranes premiums and ground rents, Lender may not charge for x0 holding and applying the Funds, analyzing sald account, or verifying and compiling sald assessments and bills, untess Lender interest on the Punds and applicable law permits Lender to make such a charge, Borrower and Lender may agree in writing at the time of exocution of Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower interest of carnings on the Funds, Lender shall give to Borrower, without charge, an annual accounting the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. Tho Funds are pledged as additional security for the sums secured by this Mortgage, Jf the amount of the Funds held by L