Delta Materials Corporation v. John R‪.‬

In a Probate Court proceeding by a plaintiff holding an undivided four-fifths interest in three noncontiguous undeveloped parcels of land as a tenant in common with the defendants, who together held a one-fifth interest, seeking partition of the land, the Judge's failure to make findings of fact in accordance with Mass.R.Civ.P. 52 (a) or G. L. c. 215, § 11, supporting his Conclusion that the land could not be divided advantageously, required that the case be remanded to the Judge for him to determine the fair value of each of the parcels described in the petition for partition, before addressing again the question of advantageous division. [336-340]. The defendants appeal from an ""interlocutory order"" 2 of a probate Judge directing a commissioner to make a partition by sale of certain land in the town of Sunderland. Subject to the order are three noncontiguous undeveloped parcels of approximate area of one, thirty-seven, and 101 acres. The plaintiff holds an undivided four-fifths interest in the parcels as a tenant in common with the defendants, who together hold a one-fifth interest.