Brown, Frederick Barnet

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN EQUITY

PI023 of 2001

IN THE MATTER OF THE

ESTATE OF FREDERICK

BARNET BROWN deceased; and

of an application for the

directions of the Court under

section 39 of the Administrator

MI'S Act

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/ . IN CHAMBERS

Ernest Davis for the trustees ->

Sonja Anderson for the Administrator 6ewral of Jamaica

August 3, 2006 and January 15, 2007

APPLICATION TO REMOVE TRUSTEES AND APPOINT ADMINISTRATOR GENERAL

AS SOLE TRUSTEE AND APPLICATION TO CHAM PVRPOSE OF TRUST

SYKES J.

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1. These are two applications by the Administrator General to have (a) herself

C appointed as the sole trustee and (b) a variation of the trust established by the will of

,\' Frederick Barnet Brown. Both applications are being resisted by the existing trustees.

The Administrator General says, in support of her first application, that the current

trustees are guilty of non-performance and have not discharged their responsibilities

under the trust instrument. She alleges, in support of her second, that times have

changed since the establishment of the trust, consequently the purposes of the trust

need to be changed to meet the needs of modern society. I have declined to make

either of the applications. Let me give a brief history of the trust and applications

made prior to these two.

2. Mr. Brown was a very religious man. He appeared to have been reasonably

successful in business. By his last willand testament dated May 14,1918, after making

several bequests to his family and provision for the maintenance of a missionary in

North China (one Miss Paula Reitter, living in Ling Ming Kwan, South Chih-Li ~ission,

North China and her successors known as the China Missionary on behalf of Frederick