Page 18 THE MALDEN ADVOCATE–Friday, October 18, 2024 SPORTS | FROM PAGE 15 be enjoyed by Malden High girls and boys cross country over the next two weeks as the Tornados will host three $$ I PAY CASH $$ for World War II military items. Top prices paid for helmets, swords, daggers, uniforms, etc. Call 617-719-1698 GIBNEY VS. HOSSACK SJC CASE T his was a Massachusetts Supreme Judicial Court (SJC) case decided in April of this year regarding words used in the Last Will and Testament of Heather Hossack. In this case, the testator, Heather Hossack used the words in a devise to her mother “if she survives me”. the SJC in this case took the position that the phrase “if she survives me”, together with other provisions in her Will, demonstrated, as a matter of law, the testator’s intent to avoid application of the anti-lapse statute under Mass General Laws, Chapter 190B, Section 2-603, which provides that where a devisee falls within a class of specific familial relatives of the testator and where the devisee predeceases the testator, the devise does not lapse but falls to the living issue of the predeceased devisee. The anti-lapse statute is based on a judgment about the typical testator’s probable intent to preserve the devise for the predeceased devisee’s lineal descendants, thereby keeping the devise in the family. A testator can avoid the default presumption by indicating a contrary intention shown by the terms of the Will. This case presented the question of whether a testator’s choice to make a devise to an individual “if she survives me”, demonstrates a contrary intention to avoid the application of the anti-lapse statute. The SJC in this case answered this question in the positive, and the devise then fell into the residuary clause of the Will. Thomas Gibney was the residuary beneficiary of the Will and he therefore was entitled to the devise. Heather left cash assets to her 85 year-old mother, Ethel Wyman, “if she survives me”. Ethel died before Heather. Heather’s brother John Hossack filed the action in court claiming that he should have received the cash assets as a lineal descendant of his mother Ethel Wyman. The SJC found that the devise of the cash assets to Ethel Wyman lapsed and the cash assets fell into the residuary estate thereby rightfully belonging to Thomas Gibney. He was a caretaker neighbor of Heather and her health care agent. The SJC found that Heather Hossack intended to avoid the anti-lapse statute by including the words “if she survives me”. A devise, other than a residuary devise, that fails for any reason becomes part of the residuary estate. When a Will imposes no survivorship condition or alternate disposition on a devise if the devisee predeceases the testator, there is no indication in the terms of the Will that the testator contemplated the possibility that the devisee might predecease her. As such, the anti-lapse statute fills in the testator’s missing intent with a presumption against disinheritance of certain lineal descendants, allowing the devisee’s living issue (i.e. children or grandchildren) to take in the devisee’s stead. Courts will always review the Will as a whole in order to determine the testator’s intent. That is precisely how the SJC decided this very important case. Joseph D. Cataldo is an estate planning/elder law attorney, Certified Public Accountant, Certified Financial Planner, AICPA Personal Financial Specialist and holds a master’s degree in taxation. straight Wednesday meets at Pine Banks Park. The opponents were Somerville this past Wednesday. Malden boys (1-3) and girls (1-3) will then host Revere (October 9) and Lynn English (October 16) on the next two Wednesdays at 4:00 p.m. at Pine Banks. Malden Football Falls Short in 26-13 loss to Lynn English Malden Football came up short in a 26-13 loss on the road at Lynn English last Friday. Malden trailed 13-6 at halftime and traded touchdowns with English in the third quarter, trailing 20-13 and driving late in the quarter, but the first of two stalled drives left Malden behind entering the final quarter. Late in the game Lynn English intercepted a Malden pass deep in Malden territory and stuck in a late touchdown to put it out of reach. Malden did launch a last-minute drive, but two passes were dropped and Lynn English got the ball back and ran out the clock. Malden dropped its fourth straight game after a season-opening win and now stands at 1-4 overall (0-4 GBL). The Tornados are back in action tonight on the road at Chelsea high. Malden returns home next week, hosting Revere on Thursday, October 24 at 6:00 p.m. Kevin Chen scores, Ashley Cullity throws shutout in goal as Malden Field Hockey Blanks Revere, 1-0 Kevin Chen scored the only goal and Malden High Field Hockey shut out visiting Revere, `1-0 on Senior Night at Macdonald Stadium Wednesday night. Senior goalkeeper Ashley Cullity earned the shutout win for Malden in the net. Malden improved to an undefeated 3-0-1 in the Greater Boston League (6-5-1 overall) with the win and can clinch ~ Legal Notice ~ MALDEN HOUSING AUTHORITY Invitation for Bid MHA #070124 Carpet and Furniture Cleaning Services Contract Documents will be available for pick-up at the MHA, 630 Salem Street, Malden, MA 02148 after 9:00 a.m. October 21, 2024, or by email at efahey@maldenhousing. org Bid Opening Date and Time: 12/3/24 at 2:00 p.m. Bids must be received, and time stamped by MHA by 2:00 pm to be considered. Estimated cost per year is $26,000.00. The MHA will enter into a one (1) year agreement with the successful bidder with the option to extend the contract for an additional four (4) one-year terms at the sole discretion of the Malden Housing Authority. Potential estimated contract cost is $130,000.00 The Malden Housing Authority (MHA) is requesting bids to provide all labor, materials, tools and equipment necessary for the complete and satisfactory performance of the following: Furnish all travel, materials, labor, supplies, test equipment, tools, parts and any other items required to provide full preventive and routine maintenance services and labor for carpet and furniture cleaning service at various MHA locations. Wages are subject to minimum wage rates as determined by the Department of Housing and Urban Development, Office of Labor Relations; Section 3, HUD Act of 1968; and Supplier Diversity Program (SDP). A 5% bid deposit by certified check, letter of credit or bond, payable to the Malden Housing Authority, must accompany each bid. A 50% Labor and Materials and 50% Performance Bond totaling 100% of the total contract amount, shall be required from successful bidder. Surety bonds will only be accepted by surety companies licensed by the division of insurance to transact business in the Commonwealth of Massachusetts. Additionally, the bidder must provide proof of specific insurance as required by the Commonwealth of Massachusetts and federal laws. The MHA will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the MHA considering price, qualifications and past performance documenting that the bidder possesses the skill, ability, and integrity necessary to faithfully perform the work called for by the Contract, based upon a determination of competent workmanship and financial soundness in accordance with the provisions of M.G.L. c. 30B or any other applicable Commonwealth or Federal law, and who shall certify that it is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work. Contract Documents may be obtained by email request at efahey@maldenhousing.org and can be examined at the Malden Housing Authority (MHA), 630 Salem Street, Malden, MA 02148 . Bidders requesting that Contract Documents be mailed to them shall include a separate treasurer’s or cashier’s check in the amount of $45.00 ($65 for overnight), for the mailing of each set, payable to the Malden Housing Authority. A site visit for all bidders has been scheduled for 10:00 a.m., October 30, 2024. The site visit will begin in the Library located at 630 Salem Street, Malden, MA 02148, and continue to listed properties if needed. All bidders are encouraged to attend the site visit. No questions will be answered unless received by the MHA at least five (5) days prior to the bid closing date and time. The MHA reserves the right to waive any informality in and to reject any or all bids if it is in the public interest to do so. October 18, 2024 its third straight GBL Championship with a win or a tie on the road at Everett this coming Monday, October 21 at Seven Acres Park, Everett at 4:00 p.m. Malden Girls Volleyball splits for week, needs one more win to qualify for postseason Malden Girls Volleyball topped Revere on the road, 3-1, but then fell to Lynn English, 3-1, on Wednesday. Lynn English clinched the 2024 GBL title with the win. Malden fell to 9-8 overall and out of the Greater Boston League race with 4 losses in its last 5 games, a 1-4 road trip over the past two weeks. Malden can still get a MIAA Division 1 State Girls Volleyball Tournament spot with a win in any of its last three games, at home on Monday, October 21 against Medford (5:15 p.m. start), or against non-leaguers Framingham (Wednesday, October 23 or Friday, October 25 (Northeast Metro Tech).
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