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Chin, David Alexander v Earl Anthony Chin

Case Number: 
HCV 2871 OF 2004
Date of Delivery: 
18.12.2006

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

CLAIM NO. IICV 2871 OF 2004

BETWEEN DAVID ALEXANDER CHIN CLAIMANT

AND EARL ANTHONY CHIN DEFENDANT

Mr. Manley Nicholson and Miss Gayle

instructed by Nicholson, Phillips for Claimant

Mr. L.F. Smith for ~efendant

Heard: 1 8Lh December, 2006

MORRISON, J (Ag.) L.

The parties in this case are at loggerheads over' property left by the

deceased, Adolph Chin, who died in July 1997, leaving a Will. The litigants

herein are, nephew and uncle, respectively. The former lives at 105

Groon~sbridgeC ourt, Cl~apelH ill, North Carolina, United States of America,

while the latter lives at 12 Bed ford Park Avenue, Kingston 1 0, St. Andrew.

Pursuant to the said will, the Claimant was made executor and trustee

thereof on the 23rd day of June 1999. Probate of the above will was obtained

by the Claimant. The Testator after directing that his just debts, funeral and

testamentary be paid, left the rest, residue and remainder of his estate

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