Harrigan v Lloyd

• Jurisdiction: Anguilla
• Court: High Court (Saint Christopher, Nevis And Anguilla)
• Judge: Joseph, J.
• Judgment Date: 06 November 1984
• Neutral Citation: AI 1984 HC 2
• Docket Number: Civil Suit no. 38 of 1976
• Date: 06 November 1984

High Court

Joseph, J.

Civil Suit no. 38 of 1976

Harrigan

and

Lloyd

Appearances:

Mr. F. Kelsiek for Appellant.

Mr. I.D. Mitchell for Respondent.

Real property - Land devised by will — Whether executor of will estopped by his action from claiming land.

Facts:

This was an appeal from the decision of the Adjudication Officer in which he held that the lands in dispute devised by the will of the deceased testator vested in the respondent. As executor of the will of the testator, the respondent and his brother W were to take under the will of the testator —

Held:

The respondent impliedly consented by his acquiesence to the land vesting in the devises. The respondent permitted the building by the appellant of a house on the land in dispute, and the commencement of another. However, effect should be given to the testator's wishes that W should have 1 acre. Appeal allowed in part and order that one acre of land be measured our for W and the remainder go to the appellant.

Joseph, J.

1 This is an appeal by way of motion against a decision of the Adjudication Officer dated 14th January, 1976 in which he held that lands by Shoal Bay devised by the Will of Joseph Benjamin Harrigan (deceased), including the lands which the appellant claims; vests in George Emmanuel Lloyd as Executor of the Will of Joseph Benjamin Harrigan. The appellant claims that the Adjudication Officer did not hear any evidence relative to the claim he made to an area of land at Shoal Bay, and that therefore there was no adjudication respect of his claim.

2 The case for the appellant is that on 22 April, 1970 he purchased a portion of land situate at Shoal Bay, Anguilla, described as Block Parcel 89118 B in East Central Section in the Register of Titles, from Haraldo Harrigan and Sylvia Vanterpool, devisees of the lot of land under the Will of the late Joseph Benjamin dated 24 May, 1962, of which George Lloyd is the executor.

3 The appellant testified that he accompanied his brother Haraldo to George Lloyd and that they asked for the share of the land left for them in their father's will and also for Sylvia's share. Lloyd told Haraldo that he (Haraldo) knew the land better than he (Lloyd) did and that he should “go and take all your share of land.” Haraldo went to his home and, using a loud speaker, announced in the hearing of George Lloyd who lived next door that the executor had given him permission to decide the land among the beneficiaries.

4 The next day he accompanied Haraldo, Sylvia Vanterpool and two others to Shoal Bay where they commenced to cut the bushes and to lay down boundary marks. George Lloyd accompanied by Edris Carty and Sergeant Thomas Ryan came to the land. Sergeant Ryan stated that George Lloyd commented that they (Haraldo, Sylvia, Connell) appeared to be clearing their share of land and left the area.

5 Appellant stated that the land cleared by Haraldo and Sylvia as their share is bounded on the north by sea: on west by public road: east by a fence, south by a track to land of Evelyn St. Clair Harrigan. (This area is numbered lot 27 on exhibit C.H. 1). Sylvia Vanterpool cleared the bush and planted peas and corns in holes as there was little soil just brush and rock.

6 Haraldo brought building materials onto the land which remained there for almost three and a half years. In 1970 appellant purchased an area of the parcel of lot 27 from Haraldo and Sylvia. It was a L shaped area of land that was in 1975 adjusted to a piece square in shape. He said that the land he obtained from Sylvia and Haraldo was bush land and that bush land consists of bush and stones. In some areas there are individual stones: in others there are sheets of stones. He built a concrete house and a cistern and he state that Lloyd did not object to the building of the house. In 1972 he commenced construction of a second house and in 1973 Lloyd served a writ on him in respect of the land.

7 Ernest Harrigan stated that bush land is rocky area that cannot be ploughed or hoed and that planting is done by pushing a stick in the rock hole and putting peas in. Haraldo testified that the area of land where Connell's house is built is not called Sandy Ground.

8 The case for the respondent –

9 George Lloyd testified that he gave the area of land on which Connell Harrigan had built his house to Edris Harrigan in accordance with Joseph Benjamin Harrigan's will: that the will said that the parcel of land at Western Sandy Ground was for Eileen and Edris. He obtained the services of a surveyor who measured the land and that he (Lloyd) gave one portion to Eileen, the other portion to Edris. Eileen sold her portion to Albert Lake while Edris still owns her parcel. He stated that under the Will, Sylvia and Haraldo inherited a parcel of land south of Engine Valley Bottom and that they had no land within the fenced area that is lots 27, 28, 29, 30, 32, 34 and 35.

10 Lloyd stated that in 1970 he warned Connell about...