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Patrick, Cecil v Basil Samms, Edna Robinson
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
SUIT NO. 1998 E 556
BETWEEN CECIL PATRICK
AND BASIL SAMMS
AND EDNA ROBINSON
CLAIMANT
lSTD EFENDANT
2N" DEFENDANT
Ms. Althea McBean instructed by Frater, Ennis & Gordon for the defendants.
Heard: 31S' January 2006 and 27th July 2007
Campbell, J.
(1) On the 24"' November 1998, the claimant filed a Writ of Summons, seeking
declarations against the defendants as executors of the "alleged will" of Ira Patrick,
deceased dated 17Ih day of June 1993, probate of which was granted to the defendants on
the 22"d May 1998.
(2) The Declarations sought were:
(a) That the said will is invalid.
(b) That the claimant is entitled to a life interest in the land situate at Lot 106,
Woodmere Avenue, Inglewood and if the will is valid the beneficiaries are
trustees for the plaintiff in respect of the said life interest.
(3) The 31" January 2006 was the second trial date in this matter. The 1" defendant
was present. The claimant was not in attendance, neither was he represented. Mr
Haughton Gayle, who had appeared for the claimant had been granted permission to
remove his name from the record on the 21" November 2005.
(4) On the first trial date, 3rd October 2005, the claimant had been present, the trial was
adjourned and costs were awarded the defendant plus the cost of the 1" defendant's
airfare from New York to Jamaica and return.