Re Vickers, Jones and Others 1999 Civil Jur. No. 24

• Jurisdiction: Bermuda
• Judgment Date: 22 October 1999
• Date: 22 October 1999
• Docket Number: Civil Jurisdiction 1999: No. 24
• Court: Supreme Court (Bermuda)

In the Supreme Court of Bermuda

Mello, Acting J.

Civil Jurisdiction 1999: No. 24

Re Vickers, Jones and others

APPEARANCES:

Mr. Duncan of Trott & Duncan for Petitioner Mrs. Cassandra Vickers

Ms. Grant of Grant & Assoc. for Respondent Mr. Sheldon T. Jones

NON-APPEARANCES:

Moniz, George & Lavigne for Respondent Mr. Clarke L. Jones

Respondent Eulalie Patricia Jones Lambert (in person)

Petition requesting sale of property — Consent order — Joint tenancy — Partition

JUDGMENT

PRELIMINARIES

Mr. Duncan referred to the affidavit of process server Mr. Evernell Davis sworn on 15^th July, 1999 evidencing that Mrs. Eulalie P.J. Lambert had been served with the Notice of Hearing for this matter. Mr. Duncan also pointed out that Mr. Moniz, acting on behalf of Mr. Clarke L. Jones, was present in court but not officially appearing as he had been authorized by Mr. Moniz to say that Mr. Clarke L. Jones does not oppose the Petition asking for a sale of the property and is prepared to sign a consent order to this effect, if asked to do so. Accordingly, Mr. Duncan would not be asking for any costs against Mr. Clarke L. Jones, who has been amenable throughout this process. Mr. Duncan stated that all interested parties to this Petition had been served and made aware of these proceedings and those not present, were absent by choice.

BACKGROUND

The Petition and supporting affidavit sets out the following facts:

• (1) By Voluntary Conveyance dated 9^th February, 1973, Frederick Louis Leroy Jones (the father of the parties to this application) conveyed the property situate at 28 Smith's Avenue in Warwick Parish WK07 from his sole name to himself and his four children (the parties to this application) as joint tenants, subject to the existing mortgage secured thereon.

• (2) By Re-Conveyance dated 27^th August, 1981, the Bank of Bermuda re-conveyed the property to Frederick Louis Leroy Jones and his four children.

• (3) The property was valued by Mr. Brian E. Madeiros, a Chartered Valuation-Surveyor of Bermuda Realty Company Limited on 31^st July, 1996 at $275,000.00. This valuation was performed on behalf of Mr. Sheldon T. Jones and the appraisal was on the basis of the current open market value of the property on the date of inspection; namely, 31^st July, 1996.

• (4) The supporting affidavit of Cassandra Vickers (formerly Jones) disclosed that the parties' father, Frederick Louis Leroy Jones, died on 20^th May, 1983 without having severed the joint tenancy created by the Voluntary Conveyance of 9^th February, 1973 resulting in the property being vested in the survivors...