Martells, Hubert v Ena McLarty, Michael Knight

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. HCV 0093812004

BETWEEN HUBERT MARTELLS CLAIMANT

AND ENA MCLARTY lSDETFEN DANT

AND MICHAEL KNIGHT zND DEFENDANT

(Executors of Estate Canute Martells)

Mr. R. Codlin and Miss B. Anderson for the Claimant, instructed by Raphael

Codlin and Co.

Miss A. Beckford for the Defendants 1

HEARD: 4'h ~ovember3, rd and 16'~~ ecembe2r 004, and ~ 5~ a' n~u a 2r0~0 5

BROOKS J.

Canute Martells died on October 18, 2003. He is said to have executed his I

last will and testament on January 15, 1999; almost five years earlier.

The Claimant Mr. Hubert Martells claims an order that the Court

pronounces against the validity of that will. For convenience, I shall refer to

these persons as Canute and Hubert respectively. No disrespect is intended by

the reference.

Hubert, who is ordinarily resident outside of Jamaica, claims that the will is

null and void because it was procured by fraud by Canute's wife (now widow)

Pearline Martells. Hubert further claims that Canute did not have the mental

capacity to execute a will at the time that this one is said to have been signed.

The Defendants, who are the executors named under the will, and

Mrs. Martells, deny Hubert's assertions. In fact Mrs. Martells saysashe was not

even aware of the existence of the will ur~tiAl ugust 2003.