Waddell v Waddell 1995 Civil Jur. No. 60

• Jurisdiction: Bermuda
• Judgment Date: 03 March 1997
• Date: 03 March 1997
• Docket Number: Civil Jurisdiction 1995 No. 60
• Court: Supreme Court (Bermuda)

In the Supreme Court of Bermuda

Ward, CJ

Civil Jurisdiction 1995 No. 60

BETWEEN:

Beverly Joan Waddell

Plaintiff

and

Monica Waddell

Defendant

Ms A Cartwright for the Plaintiff

Mr K Unwin for the Defendant

Re Minchell's Will TrustsUNK [1964] 2 All ER 47

Construction of will — Uncertainty of clause — Meaning of “proper provisions”

JUDGMENT

The plaintiff is the daughter of the deceased by his first wife.

The defendant is the widow of the deceased, being his third wife. They were married on 19th June 1982.

By Originating Summons dated 15th February 1995 and amended on 9th March 1995 the plaintiff sought the following relief, namely:

• 1. That it be determined whether upon a true construction of the above mentioned Will and, in particular Clause 3 and Clause 4 of the Will, the defendant is entitled to any interest under Clause 3 of the Will.

• 2. That it be determined upon a true construction of the above mentioned Will and, in particular Clause 5 thereof, whether the defendant is entitled to any interest in the personal estate of the deceased.

• 3. That provision be made for the costs of this Application.

• 4. Further or other relief.

The relief sought was redefined in the affidavit of the plaintiff dated 14th February 1995 as follows:

‘That the Executrices of the Estate require the direction of the Court as to whether Monica Waddell is entitled to life interest in the property known as ‘Drumcro’ or on the true construction of the Will whether Beverly Joan Waddell takes the property known as ‘Drumcro’ as sole owner subject to a life tenancy to Monica Waddell’.

In addition the Court was asked to construe Clause 5 of the Will and the beneficial ownership of the deceased's personal property.

The Will reads:

The Will of me Leslie Waddell a retired Police Inspector residing at ‘Drumcro’ No. 75 South Road Smith's Parish in the Islands of Bermuda.

• 1. I HEREBY REVOKE all Wills and testamentary dispositions heretofore made or executed by me.

• 2. I HEREBY APPOINT Monica Waddell my lawful wife and Beverly Joan Waddell my natural daughter to be my executors.

• 3. I DEVISE AND DIRECT that Beverly Joan Waddell shall guard and protect Monica Waddell and care for her as she would her natural mother. And will see that proper provisions and accommodation in ‘Drumcro’ or in an apartment soon to be built thereon, shall be provided. Or otherwise, as agreed between Beverly Joan Waddell and Monica Waddell to the...