Parchment, Judith v Marrion Genus

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

I CLAIM NO HCV 00920 OF 2005

BETWEEN JUDITH PARCHMENT CLAIMANT I

A N D MARRION GENUS DEFENDANT

(Executor, estate Alpheus Parchment)

Mr. Michael Brown for Claimant iilstructed by Messrs. Michael B.P.

Ersltine & Co.

Mr. Debayo Adedipe for Defendant instructed by Clarke Nembhard & Co. C .\I

CLAIM OF BENEF~IALIN TEREST IN HOUSE FORMING PART OF

DECEASED'S ESTATEEVIDENCE

- WHEN DECLARATIONS MADE DURING LIFETIME OF

PERSON, SINCE DIZCEASED, ADMISSIBLEINHERITANCE

ACT- CLAIM 13Y SPOUSE- WHETHER DECEASED

JUSTIFIED IN EXCLUDING CLAIMANT AS A BENEFICIARY

BROOKS, J. ~

HEARD 1 4 ~J"U NE AUD 1 9SE~PT~EM BER, 2006 1

Mrs. Judith Parchment feels hard-done by her late husband Alpheus i

i c: I

Parchment. After his death she discovered that he had bequeathed the house i

i

that he liGed in, to Miss Marrion Genus. Mrs. Parchment says that although

the property was registered in his n,2me only, she is, by contract, a co-owner.

He was therefore not entitled to dispose of it as he has attempted.

Miss Genus on the other hand asserts that Mrs. Parchment should not

be surprised by Mr. Parchment's decision. Miss Genus says that the spouses

had been estranged for some timc:. Mrs. Parchment lived in the United I

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