Furnas v. Cirone
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The Supreme Judicial Court affirmed the decision of the trial judge finding Jane Furnas in contempt for failing either to refinance or to list property for sale according to an agreement, holding that there was no error.
Furnas, who together with Anthony Cirone owned property as joint tenants with rights of survivorship, filed a petition to partition the property. The parties settled on an agreement wherein Cirone would make monthly payments to Furnas, who would either keep the mortgage current and refinance or list the property for sale. The agreement was incorporated in a decree. Anthony later died and Plaintiff, his daughter acting as personal representative of his estate, filed a complaint for contempt alleging that Furnas had failed to comply with the terms of the decree. The judge found Furnas in civil contempt. The Supreme Judicial Court affirmed, holding that Furnas's right of survivorship was terminated and that the agreement was enforceable by Cirone's estate.
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