Carter v Greenall

JurisdictionJamaica
Judge(O’Connor, C.J., Carberry and Cluer, JJ.)
Judgment Date12 November 1952
CourtCourt of Appeal (Jamaica)
Date12 November 1952
Court of Appeal of Jamaica

(OConnor, C.J., Carberry and Cluer, JJ.)

CARTER (as Administratrix of the Estate of H.A. BODDEN, Deceased)
and
GREENALL

V. Blake for the appellant;

N. Manley, Q.C., for the respondent.

Legislation construed:

Law for Regulating the Courts of Justice in the Cayman Islands, 1889 (Law III of 1889), s.17: The relevant provisions of this section are set out at page 14, lines 47.

Judicature (Court of Appeal) Law (Laws of Jamaica, 1938, cap. 431), s.33:

. . . [W]herever in any Law a right of appeal or of reference from any Court is given to the Supreme Court or Full Court the appeal or reference shall lie or be to the Court of Appeal.

Intestates Estates and Property Charges Law (Laws of Jamaica, 1938, cap. 372), s.3(1):

With regard to the real estate and personal inheritance of every person dying after the commencement of this law, there shall be abolished-

(a) all existing modes, rules and canons of descent, and of devolution by special occupancy or otherwise, of real estate, or of personal inheritance, whether operating by the general law, or otherwise howsoever. . . .

Real Property Representative Law (Laws of Jamaica, 1938, cap. 357), s.2(1):

Where real estate is vested in any person without a right in any other person to take by survivorship, it shall on his death, notwithstanding any testamentary disposition, devolve to and become vested in his personal representatives or representative from time to time, as if it were a chattel real vesting in them or him.

Succession-intestacy-title to real property-title to deceaseds real property not vested in administrator-previous modes of descent abolished by Intestates Estates and Property Charges Law, s.3(1) and provision for vesting title in Jamaican Real Property Representative Law, s.2 inapplicable in Cayman Islands

In her capacity as administratrix of the estate of the deceased, the appellant brought an action in the Grand Court seeking, inter alia, possession of the deceaseds property.

The respondents objected on the basis that the Jamaica Real Property Representative Law (Jamaica, cap. 357), s.2, which vested the real property of a deceased person in his personal representative, had not been applied to the Cayman Islands and, consequently, the appellant had no title to sue for possession. Under A Law for Regulating the Courts of Justice in the Cayman Islands, 1889, s.17, as applied by the Judicature (Court of Appeal) Law (Jamaica, cap. 431), s.33, the Grand Court referred the question to the Court of Appeal of Jamaica.

The appellant submitted that (a) all previous modes of descent of real property had been abolished in the Cayman Islands by the application of the Intestates Estates and Property Charges Law (Jamaica, cap. 372), s.3(1) and, consequently, the Real Property Representative Law, s.2 had to be applied to provide a...

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1 cases
  • Powery v Powery
    • Jamaica
    • Court of Appeal (Jamaica)
    • 1 Diciembre 1964
    ...... POWERY . and. POWERY . R.C. Rattray for the appellant; . H.G. Edwards for the respondent. . Case cited: (1) Carter v. Greenall, 195279 CILR 12. Legislation construed: Real Property Representative Law (Laws of the Cayman Islands, 1963, cap. 145), s.3(1): . Where ......

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