Massachusetts General Laws

Mass. Gen. Laws ch. 241, § 10 (2026)

Interlocutory decree; redemption

✓ current as of July 2026

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Section 10. If it is found that the petitioner is entitled to have partition for the share claimed or for any less share, the court shall make the interlocutory decree that partition be made, and therein determine the persons to whom and the proportions in which the shares shall be set off. The petition shall not be defeated by the payment by a party of a mortgage, lien, tax or other encumbrance upon the land, if the other parties are entitled to redeem from such payment; but the interlocutory decree shall contain such terms and conditions relative to redemption by a contribution on account of any such payment as the court may deem equitable.

Notes of Decisions

Cited in 15 cases (3 in the last 5 years), 1979–2023 · leading case: Asker v. Asker, 396 N.E.2d 704 (Mass. App. Ct. 1979).

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Asker v. Asker, 396 N.E.2d 704 (Mass. App. Ct. 1979). · cites it 2× “The report brings before us for appellate review an “interlocutory” decree (see G. L. c. 241, § 10) entered by the probate judge on February 8,1977, ordering partition of certain real estate (the locus) held by the parties as tenants in common, the partition to be accomplished…”

Stylianopoulos v. Stylianopoulos, 455 N.E.2d 477 (Mass. App. Ct. 1983). · cites it 2× “The Probate Court shall make an interlocutory decree in accordance with G. L. c. 241, § 10, and, thereupon, the court in accordance with G.”

Delta Materials Corp. v. Bagdon, 599 N.E.2d 250 (Mass. App. Ct. 1992). · cites it 2× “3 See G. L. c. 241, § 10. 4 Following a further interlocutory order detailing the terms of sale, the judge filed a written decision containing findings of fact and conclusions of law and allowed the defendants’ motion for a stay of the sale pending this appeal.”

Morgan v. Jozus, 851 N.E.2d 1080 (Mass. App. Ct. 2006). “Morgan appeals from an interlocutory decree of the Probate and Family Court ordering, pursuant to G. L. c. 241, § 10, the partition by sale of certain real property located in the town of Harwich (town) and held by Morgan and her sister, Carol K.”

Moat v. Ducharme, 555 N.E.2d 897 (Mass. App. Ct. 1990). “1 An interlocutory decree entered pursuant to G. L. c. 241, § 10, is, in effect, a final judgment appealable as of right.”

Delta Materials Corp. v. Bagdon, 796 N.E.2d 434 (Mass. App. Ct. 2003). “The expert witnesses were subject to cross-examination and, as we have said before, the judge was entitled to choose the expert opinion that he thought the more cogent.”

Platts v. Wronski, 443 N.E.2d 139 (Mass. App. Ct. 1982). “The court issued an interlocutory decree under G. L. c. 241, § 10, which ordered that the property be partitioned by sale for not less than $275,000, and then issued a warrant to the commissioner under § 12 on March 13, 1980, which in effect directed him to proceed with the…”

Chiminiello v. Chiminiello, 397 N.E.2d 1141 (Mass. App. Ct. 1979). “It is the duty of the probate judge to fashion a decree in the manner provided in G. L. c. 241, § 10, the text to which is set forth in the margin.”

Delta Materials Corp. v. Bagdon, 682 N.E.2d 927 (Mass. App. Ct. 1997). “3 (1992); G. L. c. 241, § 10. As stated in Delta Materials, owelty is “[t]he sum of money ordered to be paid .”

Darling v. Pinkham, 402 N.E.2d 115 (Mass. App. Ct. 1980). “G. L. c. 241, § 10. Asker v. Asker, 8 Mass.”

Leombruno v. Lowre, 111 N.E.3d 304 (Mass. App. Ct. 2018). · cites it 2× “G. L. c. 241, § 10. The statute's use of the word "interlocutory" is misleading.”

Carlson v. Mayer, 30 Mass. L. Rptr. 3 (Mass. Super. Ct. 2012). · cites it 2× “634 (1979); partition commissioners are appointed by the court; and their duties are determined by statute and orders ofthecourt, G.L.c. 241, §§10, 12. 10 See also, Commonwealth v.”

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