Widow of Marblehead businessman denied access to financial records

SALEM – A Salem Superior Court judge Friday denied the widow of J. Hilary Rockett, who accuses her two sons with the aide of their uncle, former Probate Judge Edward Rockett, and an attorney of cheating her out of her inheritance, access to all business and financial records, files and information consisting of assets of a trust.In lawsuits filed earlier this month by M. Denise Rockett, 71, of 10 Foster St., Marblehead, filed a lawsuit against her two sons T. Michael Rockett and Richard P. Rockett, claiming with the aide of their uncle Probate Judge Edward Rockett and Attorney Eugene A. Nigro that they have misappropriated money that belongs to her.J. Hilary Rockett, a former state representative, Marblehead selectman, businessman and lawyer, died in November of 2009 of melanoma and his wife M. Denise Rockett became the executrix of her husband’s estate.But since his death, the families have exploded into a bitter battle over the multi-million dollar estate.The business has vast property holdings, including most of Pickering Wharf and the Salem Waterfront Hotel in Salem.The widow asked in her lawsuit that a judge intervene and order that she have access to all financial records because she contends she is being cheated and has “received significantly and dramatically less income from the trust.”All parties appeared Friday before Judge Howard J. Whitehead debating the issues as to access to the trust records.Whitehead stated before the hearing he had read voluminous pleadings from both sides regarding the issue and somewhat questioned why the case had even been filed in Superior Court, saying he felt it was a probate court matter.The attorneys for the sons, judge and attorney kept insisting to Whitehead that they wanted to work out the issues and thought they were being worked out in Probate Court.The attorneys debated their issues and the judge took the matters under advisement.By the end of the day Whitehead made his ruling, denying the widow’s accountant access to the financial records involving the trust, saying he felt the action should be within proceedings in Probate Court.Mrs. Rockett also said in her complaint that the $27,000 she had been receiving from the trust monthly was not an ample amount to cover her bills and that she had been receiving notices of unpaid accounts regarding her mortgage, condominium fees regarding properties in Florida and insurances because her sons had stopped paying some of the bills on her behalf.Whitehead in his ruling also noted that it “appears” that Mrs. Rockett, “historically” may have been receiving more money than she was entitled and now has been reduced to an amount close to what the trust requires.