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10/31/2017

START DATE

END DATE

17-Nov-17

KEVIN WAKEFIELD SAMPSON JR -v- LIONEL EARLE JAMES ANDERSON THE ESTATE OF NINA MAE JOELL THE ESTATE OF CLIFFORD WAKEFIELD SAMPSON

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

The Court of Appeal for Bermuda

Civil Law

Baker President; Kay JA; Bernard JA

Sonia Grant Grant & Associates

Paul Harshaw Canterbury Law Ltd.

FACTS OF THE CASE:

Dorothy Louise Sampson owned 'Chula Vista' left life interest to Iva Anderson remainder to Lionel Earle James Anderson and Kevin Wakefield Sampson Jr. Post-Iva's death property was supposed to pass to Earle and Kevin. No vesting deed for Earle and Kevin. Earle in exclusive possession since 1988. Kevin unaware of Will's terms until 2012. Dispute over rightful inheritance.

SUMMARY:

Whether Kevin Wakefield Sampson Jr. has a reasonable cause of action based on section 50 of the Administration of Estates Act 1974 despite absence of vesting deed in his and Earle's favor

OUTCOMES:

Appeal allowed case remitted to the Supreme Court for further proceedings

RULED IN FAVOUR OF:

Plaintiff/Claimant

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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KEVIN WAKEFIELD SAMPSON JR -v- LIONEL EARLE JAMES ANDERSON THE ESTATE OF NINA MAE JOELL THE ESTATE OF CLIFFORD WAKEFIELD SAMPSON

Dorothy Louise Sampson owned 'Chula Vista' left life interest to Iva Anderson remainder to Lionel Earle James Anderson and Kevin Wakefield Sampson Jr. Post-Iva's death property was supposed to pass to Earle and Kevin. No vesting deed for Earle and Kevin. Earle in exclusive possession since 1988. Kevin unaware of Will's terms until 2012. Dispute over rightful inheritance.

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