Patricia J. Masson v Andrea Jeanette Simpson

• Jurisdiction: Trinidad & Tobago
• Court: High Court (Trinidad and Tobago)
• Judge: Mr Justice Robin N Mohammed
• Judgment Date: 27 March 2024
• Neutral Citation: TT 2024 HC 91
• Docket Number: Claim No. CV2016-02738

In the matter of the Estate of Eldora Masson also called Doris Mason Also called Doris Eldora Mason deceased who died on 12th February, 1991

And

In the matter of Egbert Wilfred Rudy Simpson deceased who died on the 12 ^th day of September, 1992

Between

Patricia J. Masson

Claimant

and

Andrea Jeanette Simpson (In her capacity as Personal Representative of the Estate of Egbert Wilfred Simpson)

Defendant

Before

the Honourable Mr Justice Robin N Mohammed

Claim No. CV2016-02738

IN THE HIGH COURT OF JUSTICE

Appearances:

Mr Sterling D. John instructed by Ms Nnkeisha Medford for the Claimant

Mr Marc Campbell instructed by Mr Andre Rudder for the Defendant

DECISION ON APPLICATION TO STRIKE OUT DEFENCE

I. INTRODUCTION

1 Before this Court for determination is the Claimant's Notice of Application filed on December 10 ^th 2021 pursuant to Parts 26.1(l) (k) and 26.2 (1)(c) of the Civil Proceedings Rules 1998 as amended (‘CPR’) wherein the following reliefs are sought:

• 1. The Defence filed herein on the 24 ^th February 2017 be dismissed and that Judgment be entered on the Claim filed on 9 ^th August 2016 in favour of the Claimant; alternatively

• 2. That judgment be entered in favour of the Claimant on the entire claim on the basis that the Defence filed herein along with the affidavit evidence and submissions discloses no grounds for defending the claim;

• 3. Costs;

• 4. Any further and or other relief that the Honourable Court deems fit.

2 The Claimant's Fixed Date Claim was filed on August 9 ^th 2016 wherein she sought several reliefs including the revocation of two Grants of Letters of Administration for the estates of Eldora Masson (hereinafter referred to as the ‘First named Deceased/ Eldora’) and Egbert Wilfred Simpson (hereinafter referred to as the ‘Second Named Deceased/ Egbert’) and a Deed of Assent and other consequential orders.

3 The Claimant alleges that she is the daughter of Eldora who died intestate on February 12 ^th 1991, leaving two issues namely the Claimant and her brother, Egbert. At the time of Eldora's death, the Claimant resided in the United States of America (‘USA’) and continues to be a resident of that country.

4 The Claimant contends that following Eldora's death, Egbert made an application through his lawful attorney, Clemencia Belanger, for a Grant of Letters of Administration for the estate of Eldora. In the application, she was not listed as next of kin of Eldora and it erroneously stated that Egbert was the only issue of Eldora and the only person entitled to her estate. The grant was obtained on February 7 ^th 1992. Thereafter, by Deed of Assent registered as Deed No. 5073 of 1993, all of the assets of Eldora's estate were transferred to Egbert absolutely for his use and benefit to the exclusion of the Claimant's interest in the said estate.

5 Shortly after the transfer, Egbert died intestate on September 12 ^th 1992 leaving his wife, the Defendant, and their three children, Neil Richard Simpson, Adrian Lyndon Simpson and Richard Aaron Simpson (hereinafter referred to as ‘the sons’). Thereafter, the Defendant obtained a grant of Letters of Administration dated June 11 ^th 1993 in the estate of Egbert. A review of the inventory revealed that Egbert's estate comprised exclusively of the assets acquired from the estate of Eldora. The Defendant then proceeded to distribute and dispose of the assets, and thereby prevented the Claimant from benefiting from her entitlement to Eldora's estate.

6 The Claimant thus seeks a revocation of both grants of Letters of Administration granted for the estates of Eldora and Egbert, the Deed of Assent granted to Egbert as well as orders declaring her entitlement to one half of all the property and assets that form part of Eldora's estate and a half share in the proceeds of sale of one of the assets and an account for all of the assets and rental income earned.

7 On February 24 ^th 2017, the Defendant filed her Defence wherein she denied that the Claimant was the biological child of Eldora and that she had any entitlement to a share in the estate. It was suggested that even if the Claimant had a claim to the estate, she should not have waited twenty-four (24) years to raise her claim.

8 At the first Case Management Conference on May 9 ^th 2017, the parties agreed to a compromise of the proceedings in accordance with CPR Rule 72.10, on the basis that the matter would be determined without a trial and Directions were given for the filing of affidavits and submissions.

9 The Claimant filed an affidavit on her own behalf and that of Michael Ian Jordan on June 30 ^th 2017 and the affidavit of Lynette Maharaj on July 4 ^th 2017. The Defendant filed several affidavits on February 8 ^th 2018 including one on her own behalf and for the three sons. On July 31 ^st 2018 written submissions were filed on behalf of the Claimant.

10 By Notice of Application filed on February 21 ^st 2022, Neil Simpson, Adrian Simpson and Richard Simpson (the sons), in the capacity as beneficiaries of the estate of Egbert sought permission of the Court to be added as defendants in the matter.

11 Then on April 4 ^th 2022, Claimant filed submissions in support of the application to strike out the Claim. Submissions in response were filed on behalf of the Defendant on April 12 ^th 2022. Submissions in reply were filed by the Defendant on May 10 ^th 2022 and by the Claimant on May 31 ^st 2022.

12 It is on the basis of both the applications to strike out the Defence and for joinder that the Court now makes it decision.

II. FACTUAL BACKGROUND

The Claimant's Case

13 The Claimant asserts that she grew up with her mother and her brother and she later came to know the Defendant, the wife of Egbert and their three children.

14 In or about December 2015, the Claimant visited Trinidad and during her trip she attended the office of the Ministry of Legal Affairs and made application for the death certificate of Eldora and certified copies of the deeds for various properties previously owned by her. It was at that time the Claimant discovered that title to the properties previously owned by Eldora had passed to the Defendant and the sons and another individual.

15 Upon carrying out a title search of the properties, she discovered that a grant of Letters of Administration dated February 7 ^th 1992 in the estate of Eldora was made in favour of Egbert and no mention was made of her entitlement.

16 Subsequent to the grant, a Deed of Assent dated March 23 1992 was executed and all of the assets of Eldora's estate were transferred to Egbert. These assets included three (3) parcels of land, specifically:

• (i) All and Singular that piece or parcel of land situate at Gooding Village formerly in the Ward of Naparima but now in the town of San Fernando in the island of Trinidad known as Lot No. Gooding Village East then as No. 26 Rushworth Street, St. Madeleine but now assessed in the books of the San Fernando Borough Council as No. 26 Critchlow Street comprising 7,869 square feet and more particularly described in the deed registered as No 1426/52 and bounded on the North by lands now or lately of St Madeleine Sugar Company Limited and by a drain 12 feet wide, on the South by a Street 33 feet wide, on the East by a drain 12 feet wide and on the West by another Street 33 feet wide and which said parcel of land is delineated and coloured pink on the plan or diagram annexed to Deed Registered as No 2697 of 1943 [hereinafter referred to as ‘the San Fernando property];

• (ii) All and Singular that piece or parcel of land situate in the ward of Charuma in the island of Trinidad comprising 1 Acre 1 Rood and 18 perches and more particularly described in Deed registered as No 11963/65 [hereinafter referred to as ‘Parcel 1’] and;

• (iii) All and Singular that piece or parcel of land situate in the ward of Charuma in the island of Trinidad comprising 9 Acres 15 Perches and more particularly described in Deed registered as No. 3702/64 [hereinafter referred to as ‘Parcel 2’].

17 The Claimant noted that Egbert died on September 12 ^th 1992 while residing in the United States of America (‘USA’) and following his death, the Defendant obtained a Grant of Letters of Administration dated June 11 ^th 1993 for his estate which comprised exclusively of the abovementioned parcels of land acquired from the estate of Eldora.

18 Thereafter, a Deed of Assent dated February 26 ^th 2000 was executed and the Defendant transferred the San Fernando property to herself and the sons. Additionally, by a Deed of Conveyance dated October 4 ^th 1999, the Defendant conveyed Parcel 1 and Parcel 2 to Rai Sudesh Ramrattan for the purchase price of Two Hundred and Thirty Thousand Dollars ($230,000.00). She also secured a mortgage over San Fernando property in her name and that of the sons with Royal Bank of Trinidad and Tobago in the sum of Two Hundred and Fifty Thousand Dollars ($250,000.00).

19 It is the Claimant's contention that she was either inadvertently or deliberately excluded as next of kin and a person beneficially entitled to Eldora's estate in application for Letters of Administration. As such, all of the assets forming part of the estate of Eldora were conveyed to Egbert and subsequently to the Defendant and the sons and they set about disposing of the property and treating it as their own in disregard for the interest of the Claimant. As a result, the Claimant, being a person beneficially entitled to the estate of Eldora was deprived of her entitlement under section 24(2) of the Administration of Estates Act Chapter 9:01 (‘AEA’).

The Defendant's Case

20 The Defendant disputes the maternity of Eldora to the Claimant and maintained that Egbert was Eldora' only biological child. It was asserted that during the period 1960 to 1965, Eldora travelled often throughout the Caribbean, particularly to Grenada. On one of her trips to Grenada, Eldora offered to help a friend...