Haughton, Sylbern v Pearl Haughton-Cassells & George H. Haughton

• Jurisdiction: Jamaica
• Judge: DAYE J. (Ag.)
• Judgment Date: 28 June 2002
• Judgment citation (vLex): [2002] 6 JJC 2802
• Court: Supreme Court (Jamaica)
• Date: 28 June 2002
• Docket Number: SUITE NO. P. 187 of 2002

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN PROBATE AND ADMINISTRATION

Mr. Herbert Rose for Applicant

No Appearance for the Respondent

Originating Summons

SUITE NO. P. 187 of 2002

IN THE ESTATE Louise Haughton Late of Brandon Hill, Montego Bay In the parish of St. James, housewife, Deceased, testate

BETWEEN

SYLBERN HAUGHTON

APPLICANT

AND

PEARL HAUGHTON-CASSELLS

RESPONDENT

AND

GEORGE H. HAUGHTON

RESPONDENT

WILLS - Interpretation of will - Determination of clause sought - Testamentary and administration expenses - Whether costs and expenses of transfer of legacy to applicant should fall on applicant, legatees or general estate

DAYE J. (Ag.)

1 This summons was issued on the 20 ^th February, 2002 by Sylbera Haughton who is one of the beneficiaries under his late mother's Will. The applicant, Sylbern Haughton seeks the assistance of the court in interpreting and making a declaration regarding his late mother's Will because he contends that his interest under the Will is affected by the manner in which the personal representatives have administered her estate. The applicant is permitted to apply to the court by virtue of Sec. 531 of the Judicature (Civil Procedure Code) Act. This section provides as follows:

"Any person claiming, to be interested under a deed, will or other written instrument, may apply by originating summons for the determination of any question of construction arising under the instrument, and for a declaration of the rights of the person interested".

2 Specifically, the applicant is seeking a determination of the meaning and effect of clause 4.1. of the Will of his late mother Louise Haughton. Louise Haughton executed her Last Will and Testament on the 15 ^th January, 1996 and by clause 4 gave several legacies to her children and grandchildren respectively. In his affidavit supporting his originating summons, the applicant exhibits a copy of Louise Haughton's Will, which was admitted to probate on the 3 ^rd March, 1999. Therefore, although the applicant seeks a determination only of clause 4.1. that affects him personally he is inviting the court to take the whole Will into consideration including the other provisions of clause 4. Indeed, counsel for the applicant in advancing his interpretation of the Will on behalf of his client, approached the issue by looking at the entire Will in order to ascertain the intention of the testatrix Louise Haughton in respect of clause 4.1.

3 This means that the court will of necessity examine all the provisions of the Will. It is a relatively short Will containing only four provisions. Clause 4., the provision in issue provides as follows: "4. I GIVE AND DEVISE the following interest in property situated at 42 Meadowbrook Avenue, Kingston 19 in the parish of Saint Andrew;

• 1. To my son Sylbern Haughton 10% of the value of the said property;

• 2. To my grandson Andrew Haughton the sum of One Hundred housand Dollars ($100,000.00);

• 3. To my grand-daughter Dorothy Haughton the Sum of Fifty Thousand Dollars ($50,000.00);

• 4. To my daughter Pearl Haughton-Cassells 60% of the remaining balance on the said property.

• 5. To my son George Haughton 40% of the remaining balance on the said property.

• 6. To my daughter Pearl Haughton-Cassells all my household items and personal belongings

4 I have a few observations about this Will. They are as follows:

• (a) Pearle Haughton-Cassells and George Haughton, daughter and son of the Testatrix were appointed executors and Trustees of their mother's Will (cl.2),

• (b) The Will is silent as to any direction to the executors and trustees to pay the funeral, testamentary expenses and debts of the testatrix,

• (c) No express power of sale is conferred on the executors and trustees,

• (d) There is no residuary clause contained in the Will,

• (e) Pearl Haughton-Cassells and George Haughton are also beneficiaries under the testatrix's Will.

5 Sylbera Haughton take issue with performance of the duties of Pearle Haughton-Cassells and George Haughton as executors and or trustees of his mother's estate. Exhibited to his affidavit supporting his summons was a draft statement of account presented to him by the executors for the sale of 42 Meadowbrook Avenue, Kingston 19, St. Andrew. This account was prepared by the firm of Attorneys-at-Law, Knight, Pickersgill, Dowding and Samuels who appeared to have carriage of sale of this property on behalf of the executors. This property was the principal asset of the testatrix's estate. The relevant portion of the statement of the account is outlined hereunder.

6 "Re: Sale of No. 42 Meadowbrook Avenue. St. Andrew

Sale Price	$5,500,000,00
...
...
...
Total Expenses	$1,891,445.37
Net Proceeds of Sale	$3,608,554.63
	$5,500,000.00	$5,500,000.00
Amount due to Sylbern Haughton will in satisfaction of bequest under Will (10% of value of property)	$550,000.00
5% commissioned sale price	$275,000.00
	$825,000...