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366 OF 1997ENTRE:SHIRLEY JOSEPHPlaintiffandEVERAD BURGINDefendantAppearances:Mr. Emery Robertson for the plaintiffM. Arthur Williams for the respondent – – – – – 2000: June 1, 9, 14, 26 – When the last of the amended pleadings was filed after the trial had begun, it had turned into a dispute over the administration of the estate of an estate. [2] By a special visa dated October 1, 1997, the applicant claimed to have owned one acre, three rood screens and eight land stakes at Fairhall in StVincent, as described in Wilhelmina David`s 1956 charter. She alleged that the defendant entered the property illegally in 1996 and began digging the foundation of a house. The defendant stopped construction when approached by the plaintiff`s father, Henry Richardson, but resumed construction in 1997. The plaintiff sought, among other things, a declaration that he was an intruder and an order directing him to leave his home.2[3] In an amended defence, which was filed with leave on the first day of trial, the defendant admitted that the property belonged to Wilhelmina David. He claimed that after Wilhelmina David`s death on July 7, 1970, her husband Edwin David wrote comfort letters in 1974. In 1974, Edwin David had transferred and transferred part of the Intestate lands to Glorianna Bruce, the Intestate sister, by means of an act of consent. The disputed land was part of the land transferred from Edwin David to Glorianna Bruce in 1974. Glorianna Bruce remained in possession until her death in 1988. After his death, his son Selwin applied for comfort letters in 1988, which were issued to him in 1997.
The defendant had been farming land owned by Glorianna Bruce since 1991 with Selwyn Bruce`s permission. In 1996, Selwyn Bruce sold land to the defendant. Selwyn Bruce had given the defendant a certificate for the land in 1988. The defendant and its predecessors in title had been in exclusive possession since 1975 and each title of the plaintiff had been extinguished by section 5 of the Immovable Property Limitation Act (Chapter 90). These are the main arguments of the amended defence. [4] By an amended reply filed on 31 May 2000, before the amended defence described above was published on 1 May 2000. June 2000, but relying on an earlier draft of the amended defence, which had apparently been served on the applicant beforehand, the applicant replied as follows. Glorianna Bruce was not a child of the intestate Wilhelmina Bruce. She had no right to any part of Wilhelmina Bruce`s estate. Their certificate of consent was null and void and without legal effect. GloriannaBruce had never taken possession of the land.
Edwin David was administrator of Wilhelmina Bruce`s lands. He could not have legally sold the trust to Glorianna Bruce, who was neither a relative nor a beneficiary of the intestate ab. Wilhelmina Bruce had left only her husband EdwinDavid and daughter Doreen Bennett as survivors. Doreen Bennett died in 1976 and left her only child, plaintiff Shirley Joseph, a claim from her share of Wilhelmina David`s estate. The letters of intent sent to Edwin David falsely claimed that Glorianna Bruce and others were entitled to his estate.3 The grant was void. Edwin David`s certificate of consent to GloriannaBruce was void. The letters of intent were null and void. Selwyn Bruce`s 1998 certificate of consent was void. Selwyn Bruce`s 1998 deed to the defendant was void. Even if Glorianna Bruce had come into possession, this possession would have been linked to the invalid Grant, and the mere transfer of title from one person to another does not confer lawful title. In this case, the application had been served on the defendant prior to his act.
The defendant was not a bona fide purchaser for the value of a statutory discount without notice. The plaintiff argued that the property at issue formed part of the trust`s assets and remained trust assets. I pause and note that most of the issues discussed at length at the end of the case were first raised in this amended response filed on May 31, 2000. That was the essence of the pleadings. [5] The court heard only four witnesses. The first witness was Shirley Joseph, the plaintiff. She was supported by her father, Henry Richardson. The defendant testified and was assisted by Selwyn Bruce, from whom he had purchased the disputed land. Several pieces of evidence were presented by the plaintiff without objection from the respondent. These documents included various birth and death certificates, deeds and letters of grant of administration, as well as all grant application files in the estates of Wilhelmina David and Glorianna Bruce. [6] From all of this evidence, I conclude the following facts.
First, there are not many disputes between the parties regarding historical events. There is considerable disagreement about what has happened recently in the last 3 or 4 years. What seems to have happened is this. In 1956, Wilhelmena David purchased by deed No. 519/1956, in the curious description of the land still present in St. Vincent, “one acre, three rood screens and eight stakes” of land in Fairhall.In same year, her husband, Edwin David, purchased an adjacent property, separated from his property only by a cart road and consisting of “two acres, Three rood screens and thirty-two stems. Wilhelmena David had a daughter, born on 6 July 41924, before her marriage to Edwin David, then known as WilhelmenaBruce. That girl was Doreen Bruce, also known as Doreen Bennett. Doreen Bennett was not the daughter of Edwin David, Wilhelmena Bruce`s future husband.
