La Tanya Hughes (Sole Executrix named in the last will and testament of Laban Hughes, deceased) Claimant v Clement Hughes Lawful Attorney of Ena Hughes Defendant [ECSC]
| Jurisdiction | Antigua and Barbuda |
| Judge | Remy J. |
| Judgment Date | 03 November 2011 |
| Judgment citation (vLex) | [2011] ECSC J1103-1 |
| Docket Number | CLAIM NO: ANUHCV2010/0455 |
| Court | High Court (Antigua) |
| Date | 03 November 2011 |
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
CLAIM NO: ANUHCV2010/0455
This action involves the validity of a will.
LABAN HUGHES (the Testator), died on the 7th September, 2009. At the date of his death, he was survived by his wife Ena Hughes as well as eight children, five of whom were the issue of his marriage with Ena Hughes.
The Claimant La Tanya Hughes is the illegitimate daughter of the Testator and is the sole executrix of the Will of the Testator dated the 25th May 2009 (the Will). Under the Will, the Claimant and the Testator's girlfriend Pauline Morrison are the sole beneficiaries.
The Defendant Clement Hughes is the eldest son of the Testator and Ena Hughes and is the lawful Attorney of Ena Hughes.
After the death of the Testator Laban Hughes, the Claimant, on the 17th November 2009, applied for Grant of Probate in the Estate of Laban Hughes. The Claimant was later served with a Notice that a caveat had been entered by the Defendant.
The Claimant has instituted these proceedings by filing a Fixed Date Claim on the 14th January 2010, in which she seeks:-
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(a) An order pronouncing on the force and validity of the will of Laban Hughes dated the 25th May 2009.
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(b) An order for the removal of the caveat dated 28th September 2009.
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(c) Damages.
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(d) Costs.
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(e) Further or other relief.
The Defendant filed an Amended Defence and Counterclaim challenging the validity of the will, alleging that at the time of the execution of the Will, the deceased was not of sound mind, memory and understanding. The Defendant further alleged that the will was obtained by undue influence exercised by the Claimant and the girlfriend of the deceased, Pauline Morrison.
The Defendant counterclaims:-
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(a) A declaration that the Will is deemed null and void.
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(b) In the alternative to (a), a Declaration that the property located in Clare Hall registered in the name of the deceased is property that was held in trust for thewife of the deceased and the children thereof and does not form part of the Estate of the deceased.
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(c) Cost.
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(d) Interest pursuant to Statute.
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(e) Such further or other relief as the Court deems fit.
The issues that fall to be determined by the Court are as follows:-
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1. Whether the testator Laban Hughes had the testamentary capacity to execute the Will dated the 25th May, 2009? Was the Testator influenced by undue influence exercised by the Claimant and/or Pauline Morrison? Is the will of the Testator valid?
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2. Did the Testator hold the property identified as Registration Section: Cassandra Gardens and New Winthropes, Block: 42 1893B, Parcel: 111 in trust for his wife Ena Hughes and the children of the marriage.
The Claimant has testified and adduced evidence from two witnesses, namely Pauline Morrison and Attorney at Law Ralph Francis, to support her claim.
In her Witness Statement, the Claimant stated that during the time that the Testator was hospitalized between May and early June 2009, she visited him daily and had the opportunity to speak with him and observe his behaviour and manner. She stated that the Testator "was able to communicate in a coherent manner and did not appear to be disoriented." The Testator carried on conversations with her as usual and even displayed his usual sense of humour. She stated that she experienced no difficulty in understanding or communicating with him. The Claimant stated that in or around the month of May 2009, the Testator instructed her to contact his Attorney, Ralph Francis to come and see him at the hospital. She stated that the Testator did not tell her why hewanted to see Mr. Francis, but that she did contact Mr. Francis and that he came to visit the Testator. The Claimant stated that she was not present when the Testator executed his will on the 25th May 2009 and that the Testator had not previously discussed with her his intentions in relation to the Will. She further stated that she made no attempt to influence the contents of the Will in any way. The Claimant stated that the property at Clare Hall (where the Testator lived) was the sole property of the Testator and that Ena Hughes had no share or interest in the said property.
Under cross-examination, the Claimant testified that while the Testator was hospitalized, he was not disoriented and was not weak. She stated that when the Testator was discharged in June, he was not able to walk, but that she did not know why he was not able to do so. She testified that before he "blacked out" and was hospitalized, the Testator was "walking slowly".
The evidence of Pauline Morrison was that while the Testator was in hospital, she visited him daily and observed that he "was able to communicate with her in a coherent manner" and appeared to understand everything that was said to him. She stated that she observed the Testator making jokes with visitors "as was his usual personality". Ms. Morrision stated that she was not present at the hospital when the Testator signed the Will on May 25th 2009, and had no prior discussions with him in relation to the Will or his intentions.
Under cross-examination, Ms. Morrison testified that she had been in a relationship with the Testator for eleven years prior to his death. She testified that the Testator "started to get ill" in June 2008. She stated that the Testator was weak and that he started having seizures in 2009. He was also diabetic. She stated that when the Testator was discharged on June 10th 2009, he was still weak and that the Claimant and herself had to assist him to walk.
The final witness for the Claimant was Attorney at Law, Mr. Ralph Francis. In his Witness Statement, Mr. Francis stated that in the month of May 2009, he received amessage that the Testator wanted him to come to the hospital to speak with him in relation to his will. Mr. Francis stated that he took instructions for the preparation of the Will from the Testator on the 19th May 2009 and returned on May 25th 2009 to execute the Will. He stated that the Testator signed the Will in the presence of two witnesses, namely nurses Bernadine Abbott and Cecelia Matthew, and that he was present when they did so. Mr. Francis testified that there was "no doubt in his mind" that the Testator "had the capacity to create a will."
Under cross-examination, Mr. Francis testified that he was not aware that the Testator was married and that the Testator never told him that he was. Mr. Francis testified that before taking instructions from the Testator, he called the Nurse so that "she could listen to the interaction between the Testator and himself". He stated that, based on her response, he thought that the Testator was "clear enough of mind" that he did not think it necessary to call a doctor to ask questions as to his capacity.
The evidence of the Defendant Clement Hughes (who was sued in his capacity as lawful Attorney for Ena Hughes) came from Clement Hughes himself and two other witnesses, namely Philmore Reginald Hughes and Dalmar Ainsworth Edwards.
In his Witness Statement, Mr. Hughes stated that after the Testator became ill in May 2009, the Claimant began to exercise control over him. He stated that when himself and another sibling (his sister Denise) visited the Testator, they noticed that he was "weak, disoriented and at times incoherent" and that he was barely able to feed or care for himself. According to Mr. Hughes, his parents migrated to the U.S.A in the 1980's. His mother Ena Hughes became ill in 1986 and remains there because of her illness. He stated that the Testator returned to Antigua and resided in the family house and traveled back and forth between Antigua and the U.S.A. His visits became less and less until he stopped altogether.
The evidence of Mr. Hughes with respect to the family house was that during the 1970's, an addition was built onto the house. An additional two bedrooms and a bathroom were built from monies received from Nurse Blackwell, the aunt of Ena Hughes. Mr. Hughes stated that the last renovations done to the property were paid for by himself and his brother. He added that one of his brothers sent monies down to the Antigua Commercial Bank in order to prevent the bank from foreclosing on a loan for the Testator that was in default.
Under amplification of his Witness Statement, Mr. Hughes testified that renovations were done to the family house between 1998 to 2007 and that these were paid for by his brother Melville and himself.
Under cross-examination, Mr. Hughes testified that his father, mother and his siblings migrated to the U.S.A. in 1982, and that his mother Ena Hughes has resided there ever since. He stated that his father never settled permanently in the U.S., but would "go and come". He stated that his mother became ill in 1986 and stopped working at that time. His father stopped traveling back and forth altogether from Antigua to the U.S.A in 1996.
The evidence of Philmore Reginald Hughes (Philmore Hughes), the Testator's youngest brother was with respect to the marital home. The witness stated that he assisted with the purchase of the land and provided materials for the house (the family house) which was erected on the land. He added that at the time the house was being built, he worked at Bryson's Coca Cola Factory in Antigua where he was able to get a discount on materials, namely lumber, to build Ena and the Testator's home. He stated that both the Testator and his wife Ena contributed monies to pay for the lumber. He added that the house was always intended to be "the family home belonging to...
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