Michele Knight Stanley v Chrishene Stanley, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO: P. 939 OF 2001

IN PROBATE AND ADMLNSTRATION

IN THE ESTATE OF DAVID CHRISTOPHER STANLEY

ALSO KNOWN AS CHRISTOPHER DAVlD STANLEY

BETWEEN

AND

MlCHELE KNIGHT STANLEY

CHRISHENE STANLEY

CLAIMANT

1" DEFENDANT

AND CHRISTOPHER STANLEY JNR ~""EFENDANT

@J AND BERNICE LATIMERE STANLEY 3rd DEFENDANT

Heard On June 30, and July 5,2004

ANDERSON, J.

In this interesting case, both the claimant and the third defendant claim to be "widows" of

the deceased, a late musician of some repute. The first and second defendants are the

children of the deceased, the first being the child of the third defendant.

This is an application by the Defendants, for an order that the claimant's statement of

case in the instant matter be struck out pursuant to CPR 26.3 (1) (b), as being an abuse of

,r-.---.* the process of the Court.

\/. '

The claimant who claims to be the Executrix of named in what purports to be the last will

of the deceased by her writ and amended statement of claim sought to prove the will in

solemn form. The grounds upon which the order to strike out was being sought were:

1. That the issue of the testamentary capacity of the Deceased at the time of making

the will on May 29, 1998 was litigated and determined against the Claimant by

the Probate Court in Dekalb County, Georgia, USA on October 3 1, 2003 relating

to a will purporting to be the Last Will and Testament of the Deceased and

virtually identical in all respects to the present Will save for the first page.

2. That the Claimant is bound by that decision and is estopped from re-opening that

issue in these or any other judicial proceedings save by way of appeal.