Watson v Thompson et Al

• Jurisdiction: Barbados
• Court: High Court (Barbados)
• Judge: Moore, J.
• Judgment Date: 21 March 2001
• Neutral Citation: BB 2001 HC 23
• Docket Number: No. 314 of 1984
• Date: 21 March 2001

High Court

Moore, J.

No. 314 of 1984

Watson

and

Thompson et al

Appearance

Mr. Edmund R. King for the plaintiff.

Vernon O. Smith and Mr. Hal Gollop for the defendent.

Will - Construction — Land dispute — Whether on the construction of the words ‘and her nephew’ in the will of the deceased, the plaintiff was the owner of the subject land — There were two nephews — Finding that in the absence of special circumstances relatives of equal degree are of equal importance to the testator as recipient of his bounty — Finding that the words ‘and her nephew’ were words of explanation and the gift was a gift to the plaintiff for his sole use and benefit after the death of the life tenant — Judgment for the plaintiff.

Moore, J.

1 By Writ and Statement of Claim issued on the 19th day of March, 1984 the plaintiff alleges (1) that he is the owner of 19,720 square feet of land situate at Braggs Hill in the parish of St. Joseph, (2) that he let part of the said land to the defendants, Bernard Thompson and Denis Thompson, (3) that sometime before the 11th day of October 1983 the defendants commenced construction of a wall house on the portion of the land let to them without the plaintiff's permission, (4) that by letter dated the 11th day of October, 1983 he requested the defendants, cease construction of the house and they refused to do so, and (5) that as a result he has suffered loss and damage. He now claims (1) an injunction restraining the defendants from continuing to build on the land, (2) an order that they forthwith pull down and remove the said house, and (3) damages.

2 The defendants by their defence filed on 30th day of July 1984 as amended by Amended Defence and Counterclaim and Re-amended Defence and Counterclaim allege (1) that in accordance with the will of William Frederick Quarless, Alonza Watson is and was at all material times the beneficial owner of, and entitled to a half share or interest in, the lands at Braggs Hill, and (2) that on or about the year 1982 without the knowledge of Alonza Watson, the plaintiff by foreclosure proceedings in the High Court, fraudulently obtained title to the said land. The defendants also claim the following relief:

1

) A declaration that the estate of Alonza Watson; deceased is the beneficial owner of and entitled to a half-share and/or interest in the said property. 2) A declaration that the Conveyance dated the 26th day of August, 1983 made between Marie Adaire MacCormack, Acting Registrar of the One Part and the plaintiff of the Other Part has been obtained by fraud. 3) An order that the plaintiff bring into the Court the said Conveyance dated the 26th day of August, 1983 for the purpose of setting aside and cancelling same. 4) Mesne profits in respect of the half-share and/or interest in the said property. 5) An order that the said property be subdivided into 2 equal lots and that the Registrar of the Supreme Court vest and convey one lot in and to the estate of Alonza Watson, deceased and the other lot to the plaintiff. William Frederick Quarless, late of Braggs Hill, St. Joseph died in Barbados in the year 1940 and by paragraph (5) of his will he made the following gift: “(5) The property situated at Braggs Hill, St. Joseph consisting of one rood, twenty-seven perches butting and bounding on Thomas McClean and Alleyne, to be bequeathed to Gertrude Beckles and after her death to John Livingstone Watson, and her nephew. These properties also butt and bound on lands of Watriess.”.

3 William Frederick Quarless was the father of Gertrude Beckles. John Livingstone Watson, the plaintiff and Alonza Watson are the grandsons of William Frederick Quarless and the nephews of Gertrude Beckles.

4 Gertrude Beckles died in this Island on the 4th day of October, 1972 and by her unproved will dated the 17th day of February, 1947 purported to give the said lands at Braggs Hill to her nephews John Livingstone Watson, the plaintiff, and Alonza Watson.

5 Alonza Watson lived on the said lands and built thereon a chattel dwelling-house in which he lived with his common law wife, Pauline Thompson and their children Eileen Goldalene Cumberbatch (Goldalene), Fitz Thompson, Errol Thompson, Denis Thompson and the first defendant, Bernard Thompson, before Alonza Watson emigrated to England in or about the year 1954. Alonza Watson's family continued to occupy the said land after he emigrated.

6 Alonza Watson died in England on the 6th day of January, 1987. The third defendant Carlyle Randolph Layne is Alonza Watson's personal representative.

7 At the trial the plaintiff, John Livingstone Watson was his sole witness. He said that the lands at Braggs Hill were left for him by his grandfather at the death of Gertrude Beckles and that following the death of Gertrude Beckles he took over possession of the land and collected rent from Bernard Thompson the first defendant, Denis Thompson, the second defendant and Goldalene Cumberbatch all of whom lived in the same house on the lands at Braggs Hill. He also said that Alonza Watson came to Barbados after the death of Gertrude Beckles and asked him, John Livingstone Watson, if he would sell the land and he, John, told Alonza that when John was ready to sell-he would...