Matthew Karabus

The defendants moved for leave to appeal an order refusing to dismiss the plaintiffs' action for failing to disclose a reasonable cause of action.

The plaintiffs (two sisters) sued the defendant (a third sister) and others regarding the transfer of a family farm.

The defendants argued the plaintiffs had no legal interest in the property as mere beneficiaries under their living mother's will.

The court noted the plaintiffs each received $250,000 from the defendant sister for their interests in the farm, suggesting they did have an interest or were improperly denied one.

The court found no reason to doubt the correctness of the motion judge's decision and dismissed the motion for leave to appeal.