Re Richardson (Deceased); Richardson v Waldron and Diel 1991 Civil Jur. No. 413

• Jurisdiction: Bermuda
• Judgment Date: 04 April 1996
• Date: 04 April 1996
• Docket Number: Civil Jurisdiction 1991 No. 413
• Court: Supreme Court (Bermuda)

In the Suprem Court of Bermuda

Ward, CJ

Civil Jurisdiction 1991 No. 413

BETWEEN:

(1) Tiffany Denise Richardson

(2) Ottis Eugene Richardson JR

(3) Shaniqua Elizabeth Richardson (A Minor, by her Next Friend Allegra Walker)

(4) Shaquawm Omar Richardson (A Minor, by his Next Friend Allegra Walker)

Plaintiffs

and

Erlin Celeste Waldron (As Executrix of the Will of Ottis Eugene Richardson Deceased)

Defendant

Mark A C Diel

2nd Defendant

Mrs G Marshall for the Plaintiff (1)

Mrs Williams-Smith for the Plaintiffs (2) (3) (4)

Mr Hall for the Defendant (1)

Mr Diel for the Defendant (2)

Re CoventryUNK [1979] 3 All ER 815

Re MoodyUNK [1992] 2 All ER 524

Re JenningsELR [1994] Ch 286

Succession Act 1974, s. 13

Will leaving all estate to Waldron — Provision for children of another woman — Provision for wife

JUDGMENT

Ottis Eugene Richardson died on 17th September 1991 aged 68 years.

By his Will of 23rd June 1989 he appointed his good friend, Erlin Celeste Waldron of 101 South Shore Road, Smith's Parish (his address), to be the sole Executrix and he gave, devised and bequeathed all his properly of every nature and kind wheresoever situate to her. They had lived together from 1988 to the time of his death. Probate of the Will has not been granted.

The Will could not have been simpler nor its intent clearer. But he had a wife and three children by another woman who were displeased with the testamentary disposition.

On 4th June 1977 at age 54 years he had married Tiffany Denise Polite who was 26 years his junior. At that time he had had a longstanding relationship with Allegra Denise Walker who was 18 years younger than he was and who bore him four (4) children, three of whom survived. On 7th August 1970 their son, Ottis, was born. In 1974 they had another child who died in infancy and on 20th August 1978, they had twins, namely Shaniqua and Shaquawm.

After his return to Bermuda in 1986 he met Ms Waldron and from 1988 they cohabited at his house in Smith's Parish until his death.

And even now after his passing his magnetic power attracts these three ladies who are locked in dispute over the provisions of his last Will and Testament.

On 5th December 1991 Tiffany Richardson applied under section 13(1)(a) of the Succession Act 1974 for such reasonable financial provision as the Court thinks fit to be made for her out of the net estate of the deceased.

On 3rd January 1992 there was filed a similar application by Ms Walker (now Mrs Wilson) under section 13(1)(c) of the Act for provision for her three children of whom the deceased was the father. The application now before the Court relates to the two younger children who are under the age of 18 years and are in full time education. The first child, Ottis, is now gainfully employed.

The first action was filed in December 1991, the second in January 1992. The fact of litigation did not galvanize the Executrix into administering the estate as speedily as possible. She remained residing in the apartment in which she was living at the time of the death of the deceased and collected the rents for the others as and when they were tenanted from time to time and utilised some of the rental income to maintain herself It would appear that she did not fully appreciate that by virtue of the two actions filed in Court she was no longer free to do as she pleased with the property or the income therefrom notwithstanding the terms of the Will. Since the death she has used for her own benefit approximately $55,000.

The mailer was listed for hearing on 2nd August 1993 on which date certain directions were agreed among which Waldron was to pay to Walker $300 per week from 6th August 1993 for the maintenance of the three children and to pay Tiffany Richardson the sum of $2,000 per month from 6th August 1993.

By 9th December 1993 no payments had been made and on that date the Agreement of 2nd August 1993 was made an Order of the Court and Waldron was ordered to pay $2,000 to the widow and $2,000 to Walker in seven days. Further she was ordered to pay $1,000 on 10th January 1994 in reduction of the arrears to each of the other parties and thereafter on the 10th day of each month in addition to the sums agreed on 2nd August 1993, which is to say that on 10 January, Waldron was to pay Tiffany Richardson $3,000 and to pay Walker $2,300. How regular payments of that magnitude could have been accomplished on a gross rental income of $2,350 per month I do not know seeing that there was no evidence to suggest that all rental income was being deposited in a trust account pending the outcome of these proceedings.

On 23rd December 1993 Waldron was restrained from disbursing or conveying any part of the estate of the deceased save for such as may be approved by the Court.

On 10th March 1994 Waldron was ordered to pay $2,000 to both Tiffany Richardson and to Walker forthwith and thereafter on the 10th day of each month as ordered on 9th December 1993.

On 4th August 1994 on the undertaking of...