Massachusetts General Laws

Mass. Gen. Laws ch. 241, § 25 (2026)

Equity jurisdiction

✓ current as of July 2026

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Section 25. The court in which a petition has been brought under this chapter shall have jurisdiction in equity over all matters relating to the partition, and, in case of sale, over the distribution of the proceeds thereof; also to hear and determine all matters of accounting between the parties to the petition in reference to the common land, and to appoint 1 or more receivers to take possession of the common land or any part thereof, and collect the rents and profits therefrom. The jurisdiction may be exercised upon petition according to the usual course of proceedings in that court. Such receiver shall give bond in such amount and with such sureties as the court shall order, and shall distribute the rents among the co-tenants, or otherwise hold or dispose of the same in such manner as the court shall determine by its decree.

Notes of Decisions

Cited in 9 cases, 1922–2019 · 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× “Because the question may arise on retrial, we note that the probate judge was correct in ruling, implicitly, that the “accounting” referred to in G. L. c. 241, § 25, is confined to matters “in reference to the common land” and would not extend to such unrelated matters as…”

Stylianopoulos v. Stylianopoulos, 455 N.E.2d 477 (Mass. App. Ct. 1983). “It is similarly discretionary if exercised under G. L. c. 241, § 25, which confers general equity powers upon the Probate Court in connection with partitions, including the power “to hear and determine all matters of accounting between the parties in reference to the common land.”

Sanborn v. Johns, 477 N.E.2d 196 (Mass. App. Ct. 1985). “See G. L. c. 241, § 25, and G. L. c. 215, § 6.”

Clough v. Cromwell, 254 Mass. 132 (Mass. 1925). “G. L. c. 241, § 25. It is settled that, at common law where there was a misjoinder, the only proper mode of taking advantage of such a defect is by demurrer or motion in arrest of judgment.”

Giuggio v. Paoli, 244 Mass. 279 (Mass. 1923). “Giuggio for an accounting with the respondents as co-tenants under the provisions of G. L. c. 241, § 25. At the request of the respondents the judge made a report of findings of fact.”

Nelson v. Katzmann, 137 N.E. 303 (Mass. 1922). “279, § 26 (see now G. L. c. 241, § 25), appointed the receiver to take possession of the property and to collect its rents and profits.”

Barrow v. Barrow, 122 N.E.3d 1101 (Mass. App. Ct. 2019). “See G. L. c. 241, § 25. Accordingly, the judge could properly resolve the issues of waste and breach of fiduciary duty insofar as they related to the petition (and in particular to the equitable distribution of the proceeds of the property sale), but he could not resolve Anita's…”

Foster v. Stearns, 170 N.E. 59 (Mass. 1930). “” In petitions for partition the Probate Court has by G. L. c. 241, § 25, jurisdiction “to hear and determine all matters of accounting between the parties to the petition in reference to the common land.”

Maher v. Pervinich, 552 N.E.2d 126 (Mass. App. Ct. 1990). “See G. L. c. 241, § 25. On the respondents’ motion, an order entered, without a statement of reasons, dismissing the petition without prejudice.”

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