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Property Keyed to French
Lawrence v. Town of Concord
Citation:
788 N.E.2d 546 (2003)Facts
On November 30, 1964, Helen E. Burke Boyer conveyed to her adopted daughter, Harriet Burke Frazier, a life estate in the property in question. Helen E. Burke Boyer’s will provided that if Mrs. Frazier had no children at the time of her death then the property was to go to the defendant, the Town of Concord, to be used as they see fit and the proceeds from her home should be used to better educate some deserving children. On May, 18, 1965, Mrs. Frazier died survived by her husband, Joseph Frazier, but with no children. Mr. Frazier stayed in the home for some years, and also rented it to some tenants. He lived in the home continuously from 1969 to his death in 1996. After his death the Town of Concord was informed of their interest in the land, and the plaintiff, Mr. Lawrence, claimed he had acquired title because Mr. Frazier, who left the home to Mr. Lawrence, had acquired title by adverse possession. The Town of Concord then exercised its eminent domain powers to take the property without paying Mr. Lawrence any damages. Lawsuits ensued.
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