EX PARTE: ANDREW LEONCE et al

SAINT LUCIA IN THE HIGH COURT OF JUSTICE (CIVIL) A.D. 1994 Suit No. 876 of 1994 BETWEEN: EX PARTE 1. ANDREW LEONCE

2.SANDRA LEONCE

3.CLIVISTON GREENE Applicants APPEARANCES: Hiss C. Combie for Applicants 1994: December 7 and 14. JUDGMENT MATTHEW J. , The Applicants have applied to be appointed tutors to accept and deal with the movable and immovable property of a minor called Janai Leonce who was born on November 23, 1983 at Victoria Hospital. The mother of the minor Christina Leonce died at Vieux Fort on May 15, 1994. At the time of her death Christina seems to have been a Firewoman employed with the Government of Saint Lucia. , Letters of Administration of the estate of the said Christina Leonce were granted to Andrew Leonce on July 12, 1994. Andrew Leonce is the grand uncle of the Minor. He is probable the uncle of Christina Leonce. Sandra Leonce is the aunt of the Minor. She is probable sister of Christina. Cliviston Greene swears that he is father of the Minor. But the minor seems to have been illegitimate and his name does not appear on the birth register. At the hearing I was told that the properties standing in the name of the Deceased are:­ ,

1.IMMOVABLES - a piece or parcel of land in land register 1049B 137; 2. MOVABLES (a) in the NCB two accounts amounting to $1,128.76 (b) at the St. Lucia Civil Service Co-operative Credit Union approximately $14,000.00 (c) gratuity benefits from the Government of St. Lucia $32,580.00 The applications are two fold. In the first place there is an application that this Court consents to the vesting of the • immovable property of the Deceased by Andrew Leonce to the Minor. I have no difficulty with this application and I grant it . • I notice that there is a hypothecary obligation in favour of St. Lucia Development Bank which presently stands at $22,075.22. I was told by Miss Combie there is a building on the land so there seems to be no difficulty in the building paying off the mortgage. The other application is that I allow the Applicants to deal with the movable property of the Minor. There is no restriction whatsoever requested as to how they deal with the total amount of approximately $47 ,708.76 which should rightly go to the minor, the only child of the Deceased. Let me remind the Applicants that the father ought to be , maintaining the infant lest they forget. I should not allow the minor's entitlement to be withered away. My order is that the Applicants deal with the matters so that the gratuity benefits be placed in an account in the name of the minor and there remain till he attains the age of majority or until further order; and the other sums of money maybe used by the Applicants towards the maintenance and support of the minor. , Puisne Judge

Suit No. 876 of 1994 Matthew, J Delivered: 14/12/94