Moncrieffe, Beverley & Winston McKenzie v Keith Gracey

Date of Delivery: 
03.05.2007

9-

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO P. 075 OF 1 994

BETWEEN BEVERLEY MONCRIEFFE lST CLAIMANT

A N D WINSTON McKENZIE 2ND CLAIMANT

A N D KEITH GRACEY DEFENDANT

Mr. Walter Scott for Claimants instructed by Mr. Carl Dowding of

Pickersgill, Dowding and Bailey-Williams.

Miss Sandra Johnson for Defendant instructed by Sandra C. Johnson & Co.

Will - Application to admit copy will to probate - Whether will executed by

deceased - explanation of absence of original -allegation of the existence of

a later will - whether earlier will revoked - writing appearing on a page

subsequent to the testatrix's signature - effect of

BROOKS, J.

1 2 ~1~3'.~a n d 19" April and 3rdM AY. 2007

Miss Iris Owen died on 13" February, 1991. She is survived by her

CI son Mr. Keith Gracey, who is her only surviving immediate family member.

She however was apparently a very kind person during her lifetime, as she

fostered a number of other children, some of whom were in unfortunate

circumstances. Two of those were brothers, Winston and Delroy McKenzie.

On or about November 1, 1988, Miss Owen executed a will. That

very day, she is said to have deposited that will with a bank, for safekeeping.

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