Cooper, Bertram v Linford Coleman

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CIVIL DIVISION

CLAJM NO. 2004HCV01803

BETWEEN BERTRAM COOPER

(As Executor in the ESTATE

LUCILLE ADE1,A COLEMAN)

CLAIMANT

AND LINFORD COLEMAN DEFENDANT

Mrs. Hilma McNeil instructed by Hiln~aM cNeil & Co. for the claimant.

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Mr. Carlton Williams instructed by Williams, McKoy & Palmer for the defendant.

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Januarv 30, February 16 & June 15,2007

McDONALD-BISHOP, J (Ag.1

I . This claim involves the question as to whether a joint tenancy has been

severed for the purposes of succession. This action is brought by the claimant as

executor in the estate of Lucille Adela Coleman (the deceased) for, inter aha, a

declaration that the joint tenancy ownership by the deceased and Linford Coleman

(the defendant) in a parcel of land being part of Garden Hill in the parish of St.

Catherine was severed during the lifetime of the deceased and that the deceased's

estate is entitled to a half interest share in the said land.

2. The defendant, in his defence, avers that any bequest purportedly made by the

deceased with respect to this land fails as the principle of jus accrescendi applies and so

he is the sole owner of the property.

THE FACTS

3. The deceased and the defendant were husband and wife having been married

in England in 1962. In or around 19612, they purchased the plot of land in dispute