MERILESE VELINOR v KENNETH POLINERE et al

.. #039 SAINT LUCIA {u/v IN THE HIGH COURT OF JUSTICE (CIVIL) A.D. 1996 Suit No. ~~9 of 1994 BETWEEN: MERILESE VELINOR Plaintiff v .

1.KENNETH POLINERE

2.PATRICIA JULES

3.MARIA MARK Defendants Mr. M. Gordon for Plaintiff Mr. P. Husbands Q.C. for Defendants 1996: September 25; October 2. J U D G MEN T Y.JI..TTIIEW J. (In Chambers) . On J uly 10 , 1996 a summons was f i l ed on bpha l f o f one o f the De fendants in t his suit a s king that the grant of Letters o f Administration to Lucy Fel icien i n respect o f t he estate of Meri l ese Velinor be set aside or in the a l ternative t o bring it i nto conformity with the order of the Deputy Registrar pertaining to t his matter. In support o f that s ummons was an aff i davi t by the second Defendant. Learned Counse l f or t he Plaintiff submitted t hat the order of the Deputy Registrar is reflected in the grant of the Letters of Administration; that J ules did not have any i nterest in the e state o f Meri l ese Ve l i nor; a nd t hat t he applicatlon whi ch i s in t he nature of an appeal from the order of t he peputy Registrar is hope l essly out o f t i me. Merilese Velinor died leaving a Will dated November 24, 1994 by which she named Agatha Stephen the Executrix. Agatha Stephen lives in Antigua. By a power o f attorney dated November 16 , 199 5 Agatha Stephen named Lucy Fclicien to be her attorney the obtaining Letters of Administration h Will Annexed Succession of Merilese Velinor. The grant Letters of Administration No. 182 95 states Letters of Administration of the late Merilese Vel was gl."l to Lucy Felicien. ~he Order of the Deputy Registrar in t e Felicien was the lawft~::.. attorney St power of attorney referred to above and went on to state or rather order that Letters Administration with 11 Annexed granted to the Petitioner with respect to success deceased. though the icitor the Applicant has not specifical tated that, he seems to indicating d to Lucy Felicien as attorney of Agatha St I that the whole reason this application was to costs. Quite frankly I am not sure whether words "as attorney of Agatha Stephen" will assist the 's cause but this is not concern here. Article 1019 the Code Civil states: "In the case of a person res out df the colony, administration or administrat with twill , may be granted to his attorney." t seems to me that Agatha Stephen and Felicien ied with that provision. article authorises the grant to attorney. It is no authority for the proposition advanced by t Applicant. The summons is dismissed with costs of $250.00 to the Plaintiff. A. N. J . MATTHEW Puisne J udge ~" ..

Suit No. 909 of 1994 Matthew, J Delivered: 02/10/96