Patrick, Cecil v Basil Samms, Edna Robinson

Case Number: 
1998 E 556
Date of Delivery: 
27.07.2007

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

SUIT NO. 1998 E 556

BETWEEN CECIL PATRICK

AND BASIL SAMMS

AND EDNA ROBINSON

CLAIMANT

lSTD EFENDANT

2N" DEFENDANT

Ms. Althea McBean instructed by Frater, Ennis & Gordon for the defendants.

Heard: 31S' January 2006 and 27th July 2007

Campbell, J.

(1) On the 24"' November 1998, the claimant filed a Writ of Summons, seeking

declarations against the defendants as executors of the "alleged will" of Ira Patrick,

deceased dated 17Ih day of June 1993, probate of which was granted to the defendants on

the 22"d May 1998.

(2) The Declarations sought were:

(a) That the said will is invalid.

(b) That the claimant is entitled to a life interest in the land situate at Lot 106,

Woodmere Avenue, Inglewood and if the will is valid the beneficiaries are

trustees for the plaintiff in respect of the said life interest.

(3) The 31" January 2006 was the second trial date in this matter. The 1" defendant

was present. The claimant was not in attendance, neither was he represented. Mr

Haughton Gayle, who had appeared for the claimant had been granted permission to

remove his name from the record on the 21" November 2005.

(4) On the first trial date, 3rd October 2005, the claimant had been present, the trial was

adjourned and costs were awarded the defendant plus the cost of the 1" defendant's

airfare from New York to Jamaica and return.

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