Barrett v Barrett

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 23 August 1977
• Neutral Citation: KN 1977 HC 7
• Docket Number: 23 of 1976
• Date: 23 August 1977

High Court.

Glasgow, J.

23 of 1976

Barrett

and

Barrett

Appearances:

C. O. Byron for plaintiff, C. L. Wilkin with him.

E. Walwyn for defendant.

Real property - Ownership.

Facts: The plaintiff sought a declaration that a lot of land formed a part of the estate of the deceased. The plaintiff was the executrix of the will of the deceased. The plaintiff alleged that the defendant was occupying the lot in question. Finding that the land formed part of the estate of the deceased. Judgment given for the plaintiff.

Glasgow, J.

1 The plaintiff, as executrix of the Will of Jesse Barrett, deceased, claims, among other things -

• (a) a Declaration that a lot of land stated to be about a quarter acre in area and situate at Craddock Road in the town of Charlestown in the Island of Nevis forms part of the Estate of the said Jesse Barrett, deceased;

• (b) an order for possession of the said lot of land; and

• (c) mesne profits.

2 In his Statement of Defence the defendant denies that the quarter acre of land in question forms part of the Estate of Jesse Barrett, deceased. He contends that the said quarter acre of land was the property of the late William Barrett and that since the death of the said William Barrett, the said land was in the occupation and possession of the lawful children of the said William Barrett, viz. Alfred Barrett, Olive Parris and Charles Barrett. The defendant alleges that he was put into possession of the said land by his father Alfred Barrett and his aunt Olive Parris. By an amendment sought and obtained at the beginning of the trial, a new paragraph was added to the Defence. The new paragraph which is numbered 5A, reads as follows:-

“By way of further or alternative defence the defendant will rely upon the Limitation Act Cap. 45 of the Laws of the State.”

The plaintiff served a Reply on the defendant.

3 The facts, as I find them, are as follows: By an Indenture dated 9th January, 1857 and made between the Honourable Peter Thomas Huggins of the one part and Wiltshire Barrett of the other part, the said Peter Thomas Huggins granted unto the said Wiltshire Barrett one acre of land, being part of the land called Craddock Land, in the Island of Nevis. The said Wiltshire Barrett died intestate leaving as his heir-at-law his eldest son John James Barrett. The said Wiltshire Barrett had another son whose name was William Barrett. By an Indenture dated 12th May, 1920 between the said John James Barrett of the one part and George Benjamin Saunders of the other part the said John James Barrett sold to the said George Benjamin Saunders in fee simple in possession free from incumbrances one quarter of the said acre of land. The said land sold to Mr. Saunders is situate North of the quarter acre of land in question.

4 The said John James Barrett was married to Beatrice Barrett. The couple had at least four children —Jesse —the only male issue of the marriage, Sophina (the plaintiff), Vera, and Violette. Both the plaintiff and her sister Vera live at Craddock Road, Nevis.

5 The said John James Barrett died on the 1st December, 1920 leaving as his heir at law his only son Jesse Barrett. The said Jesse Barrett sold to Vincent Challenger approximately one-half of the said acre of land situate immediately South of the land in question.

6 When the plaintiff was growing up, her uncle the said William Barrett was living on the land in question with his wife Agnes Barrett, two of their children —Miriam Barrett and Alfred Barrett —and two of Agnes Barrett's grandchildren, Althea Ritchens and Norma Ritchens. There were three wooden houses grouped together on the land in question. Althea Ritchens got married to one George Parris. One of the said three houses was removed and placed a little distance away on the land in question. That house was occupied by George and Althea Parris. It was the said John James Barret who had given William Barrett permission to live on the land in question.

7 Charles Barrett is another son of the late William Barrett and Agnes Barrett. William Barrett died on the 14th August, 1937. A few months before he died, he sent his son Charles to call Jesse Barrett. Jesse accompanied Charles to the home of William Barrett. William Barrett asked Jesse Barrett to allow his (William's) wife to continue to live on the land in question for the rest of her life. Jesse Barrett promised to do so. Agnes Barrett died in or about 1949. Before her death she had given her wooden house on the land in question to her son Charles Barrett. Charles Barrett was not in the State at the date of his mother's death. He had been living in Trinidad since 1941 and still resides there permanently.

8 After the death of Agnes Barrett, Norma Ritchens got married to one Huggins. Norma removed another house from the original group of three houses and placed it a little distance away on the land in question, leaving the house which the late Agnes Barrett had given to her son Charles standing alone. Charles Barrett's said house remained closed for a while, and then Alfred Barrett and his wife moved into it and lived there. Alfred Barrett's wife did not get along with Althea Parris. Alfred Barrett made a report to Jesse Barrett. As a result Althea Parris and Norma Huggins removed their respective houses from the land in question, after having been ordered by Jesse Barrett to do so. Jesse Barrett rented about one half on the eastern side of the land in question to one Eltruda Carbon in or about 1972. Carbon paid rent in respect of the said land to Jesse Barrett. Alfred took ill before Eltruda Carbon became a tenant of the said land. Alfred Barrett died on the 19th November, 1974 after an illness of about two years.

9 The defendant is the...