Wills,Myra v Elma Roselina Wills

Case Number: 
E.219/93
Date of Delivery: 
07.11.1996

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA 
SUIT NO. E.2 19/93
I IN THE MATTER of an Application by MYRA
WILLS, widow of the late ALEXANDER
GEORGE WILLS, deceased under Sections 3,4,9 . 1
and 14 of the Limitation of Actions Act of
Jamaica 1 88 1.
AND I
IN THE MATTER of Sections 53 1A and 532 of
the Judicature (Civil Procedure Code) Law of
Jamaica. I I
MYRA WILLS
AND
IN THE MATTER of Estate ALEXANDER
GEORGE WILLS, deceased, intestate, Builder
and Contractor, Kingston 19 in the parish of Saint
Andrew.
ELMA ROSELINA WILLS
APPLICANT
RESPONDENT
Duke Pollard and Mrs. Lee-Clarke Bennett for Applicant
Ms. Carol Davis for Respondent
IN CHAMBERS
Heard: July 5, 13 & 14, 1994
November 7, 1996.
/.'.. C"; 1 CHESTER ORR, J
By an Originating Summons the applicant Myra Wills sought the following
declarations: ,, -,
"(a) Whether by virtue of Sections 3,4,9 and 14 of the Limitation
of Actions Act of Jamaica 1881, the deceased
ALEXANDER GEORGE WILLS being in sole possession
of properties registered at Volume 836, Folio 35 and
Volume 986 Folio 295 to the exclusion of ELMA
ROSELINA WILLS the Joint Tenant registered on the
Certificate of Title for the said properties, during his life
time, acquired an absolute title against the said ELMA
ROSELINA WILLS during his life time prior to his death;
(b) (i) the legal separation between the deceased and ELMA
ROSELINA WILLS with respect to their marriage;
(ii) the bringing into the said properties of the Applicant
MYRA WILLS and consequent physical exclusion of
the said ELMA ROSELINA WILLS;
(iii) the collection of all rents and absolute possession of