Gauthier v. Gerrish
Annotate this CaseRoland Gerrish created a trust consisting of certain property. The trust instrument provided that Julie and Shirley Gauthier would be the remainder beneficiaries upon Roland’s death. When Roland died, Shirley and Roland’s widow, Jacqueline, disputed the maintenance of property. Shirley filed a complaint for equitable partition against Jacqueline and the Gerrish Corporation and then requested an entry of default. The court issued default judgment and denied Jacqueline’s and the Corporation’s motion to join Julie as a necessary party. The superior court entered an order denying the motions to set aside the default and to join Julie, concluding that all necessary parties were joined, and granted the relief requested by Shirley. Jacqueline, the Corporation, and Julie appealed. The Supreme Judicial Court vacated the judgment, holding that the court erred in concluding that all necessary parties were joined and in failing to hold an evidentiary hearing before issuing the default judgment. Remanded.
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