THE SAUGUS ADVOCATE – FriDAy, OCTObEr 18, 2024 Page 15 SOUNDS | FROM PAGE 14 surer, 27 Pearson St., Saugus, MA 01906. After noon on Nov. 11, you can pick up your sponsored flag to either keep or put on a grave. 2021 was our first year sponsoring the Field of Flags and it has been a huge success. So many members of the community stopped by to thank us in remembering our veterans this way. There were over 140 flags sponsored with veterans’ names waving in the wind, and we hope for many more veterans to be sponsored this year. REMEMBER OUR VETERANS! All proceeds from the Veterans Field of Flags will support the Daughters of the American Revolution’s mission to preserve American history and secure America’s future through education and promoting patriotism. For more information on how to sponsor a flag or on joining the Parson Roby Chapter DAR, please email parsonroby. saugusdar@gmail.com Fall Curbside Leaf Collection Dates Town Manager Scott Crabtree’s office this week released the dates for the Fall curbside leaf collection: Monday, Oct. 28 to Friday, Nov. 1; Tuesday, Nov. 12 to Saturday Nov. 16; (one day delay this week due to Veterans Day); Monday, Dec. 2 to Friday, Dec. 6. Residents may dispose of leaves curbside on their regularly scheduled collection day, between Monday and Friday on these dates listed. Leaves should be left outside at the curb by 7 ~ LEGAL NOTICE ~ SAUGUS BOARD OF SELECTMEN PUBLIC HEARING Notice is hereby given that the Saugus Board of Selectmen will conduct a public hearing on the request Ricardo Carvalho da Silva, of Riccasi Executive Transportation, Corp (RET CORP), located at 70 Springdale Ave, Saugus, MA 01906 for a Livery license Limousine. This Public Hearing will be held at the Saugus Town Hall, second floor auditorium, 298 Central Street, Saugus, MA on November 5, 2024 at 6:05 PM. Debra Panetta, Chairman Meredith K. Casagrande Clerk October 18, 2024 - LEGAL NOTICE - COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT PROBATE AND FAMILY COURT Essex Probate and Family Court 36 Federal Street Salem, MA 01970 (978) 744-1020 Docket No. ES24C0336CA In the matter of: Charley Ryan Maloney CITATION ON PETITION TO CHANGE NAME A Petition to Change Name of Minor has been filed by Rachael Hudson on behalf of Charley Ryan Maloney of Saugus, MA requesting that the court enter a Decree changing their name to: Charley Ryan Hudson. IMPORTANT NOTICE Any person may appear for the purposes of objecting to the petition by filing an appearance at: Essex Probate and Family Court before 10:00 a.m. on the return day of 10/29/2024. This is NOT a hearing date, but a deadline by which you must file a written appearance if you object to this proceeding. WITNESS, Hon. Frances M. Giordano, First Justice of this Court. Date: September 11, 2024 PAMELA CASEY O’BRIEN REGISTER OF PROBATE October 18, 2024 a.m. on the appropriate days. Please ensure that leaf containers are physically separated from trash and recycling. Paper leaf bags are the preferred method of leaf disposal. If you are using barrels, they must be clearly marked with yard waste stickers. Yard waste stickers, which are free, may be obtained at Inspectional Services in the lower level of Saugus Town Hall at 298 Central St., or at the Saugus Department of Public Works at 515 Main St. Barrel covers must remain removed so that the leaves are visible. Plastic bags, cardboard boxes, branches and brush will not be accepted. Please note that separate trucks collect the rubbish, recycling and leaves, so the leaves may be collected at a different time of day. Missed pickups” will not be conducted. Please contact Recycling Director Scott Brazis at 781-2314036 with any questions. Hammersmith Quilters SOME HALLOWEEN READING: There are all sorts of books available in the Children’s Room of the Saugus Public Library to get kids in the right fall spirit during October. (Saugus Advocate file photo by Mark E. Vogler) Guild Craft Fair is Nov. 6 The Hammersmith Quilters Guild Craft Fair will be held Wednesday, Nov. 6, from 7-8:30 p.m. at the Saugus Senior Center (466 Central St., Saugus). The Guild members are selling handmade, beautiful items. Think holiday shopping! Cash and checks are recommended. A scissors sharpener will be available. www.hqgsaugus.org Here’s what’s going on at the THE SOUNDS | SEE PAGE 16 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 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 redevise 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 siduary 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. Ca taldo is an estate planning/elder law attorney,Certified Public Accountant, Certified Financial Planner, AICPA Personal Financial Specialist and holds a masters degree in taxation.
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