Charles v Charles

• Jurisdiction: St Lucia
• Judge: Bishop, J.
• Judgment Date: 03 May 1965
• Neutral Citation: LC 1965 HC 11
• Date: 03 May 1965
• Court: High Court (Saint Lucia)
• Docket Number: No. 93 of 1961

Supreme Court of the Windward and Leeward Islands.

Bishop, J (Ag.)

No. 93 of 1961

Charles

and

Charles

Appearances:

Hunter François for the plaintiff.

C. A. M. Compton for the defendant.

Real property - Ownership — Whether property of deceased was in community of property

Facts: The plaintiff sought a declaration of ownership of certain property formerly owned by Almerie Charles deceased. The plaintiff claimed ownership by virtue of a will made by Almerie Charles in which he was named sole executor and universal legatee. The defendant was the widow of Almerie Charles and entered a counterclaim that she was entitled to possession of the property. The issue was whether the defendant was entitled to ownership by virtue of community of property

Held: The domicile of a husband is communicated to a wife upon the solemnization of marriage. The facts did not satisfy the allegation hat the parties were married in community of property, therefore the property was the husband's and he was free to dispose of it as he did in his will. Order made that the defendant give up peaceful possession of the land to the plaintiff.

Bishop, J.

1 This case first came before this Court on Monday 11 ^th January 1965, on which date it was adjourned at the request of Mr. Foster who appeared holding the papers of Mr. François for the plaintiff. Then the hearing was adjourned until the 14 ^th of January 1965; but between the 11 ^th and 14 ^th January 1965, a letter was received by the Registrar purporting to come from Mr. C. Compton whose name appeared on the record as solicitor for the defendant. In consequence of the contents of the letter the 18 ^th of January 1965, was fixed as the date of hearing in place of 14 ^th January 1965. On the 18 ^th January 1965, Mr. François entered appearance on behalf of the plaintiff; he brought to the notice of the Court that the defendant's counsel would be unable to attend court that day; he asked for costs to be awarded the plaintiff. In the light of all the circumstances, costs were awarded the plaintiff in the sum of three (3) guineas and the hearing adjourned to 25 ^th January 1965. On the 25 ^th January 1965 both counsel appeared; the evidence was concluded and judgment reserved.

2 The cause of action in this matter is to be found in the declaration annexed to the Writ of Summons, which was filed at the Office of the Registrar on the 25 ^th of November 1961.

3 In his Declaration Edition Charles, Shop Keeper, (hereinafter referred to as the plaintiff) stated that one Almerie Agustin Charles acquired by a deed of transfer dated 13 ^th October 1960, an area of land situated at East Boulevard Street in the Town of SoufriÈre in this Island, and comprising one thousand two hug four square feet, bounded on the North by lot number 7 where it measures Thirty-one point four feet (31.4ft.), South by lot number 5 where it measures Thirty-one point eighty-five feet (31.85ft), East by Boulevard Street where it measures forty feet (40ft), and West by lot number 11 where it measures forty feet (40ft), together with the building erected thereon and all other the appurtenances and dependencies thereof.

4 The plaintiff also stated in his Declaration that all monies expended towards the acquisition of the property were from the personal separate funds of the said Almerie Angustin Charles who was, at the date of his death, owner of the same area to in the Declaration.

5 He further alleged that the said Almerie Augustin Charles made Will on the 15 ^th January 1966, in which he, the plaintiff, was named sole executor and universal legatee.

6 The plaintiff asserted in his Declaration that Gertrude Charles, housewife (hereinafter referred to as the defendant) is the widow of Almerie Augustin Charles and that from the time of the death of the said Almerie Augustin Charles, she, the defendant, has occupied the property at East Boulevard Street, SoufriÈre, and she has resisted and still resists all efforts which he, the plaintiff, has made to enter into possession of it. Consequently, the plaintiff seeks an order for possession of the property.

7 In accordance with Article 93 of the Code of Civil Procedure of St. Lucia 1967, the plaintiff filed with the Writ of Summons a list of exhibits which consist of a deed of transfer by Joseph Emmanuel Charles to Almerie Augustin Charles and the last Augustin Charles.

8 Appearance was entered on behalf of the Defy in the Registrar's Office on the 20 ^th December 1961. Service was accepted by the solicitor for the plaintiff.

9 A Defence and Counterclaim was filed on 17 ^th February 1962, by the solicitor for the defendant and service accepted by the plaintiff's solicitor.

10 By this Defence and Counterclaim the defendant denied that all monies expended towards the acquisition of the property were from the personal and separate funds of Almerie Augustin Charles and that she had no share or interest whatever in the same. The defendant admitted that Almerie Augustin Charles acquired the property referred to in the Declaration by deed of transfer dated 13 ^th October 1960, and registered on the 1 ^st November 1960, in Volume 112a No. 71034.

11 Defendant further admitted that at the date of his death the said Almerie Augustin Charles was owner of the property situate at East Boulevard Street, SoufriÈre, and that under the last Will and Testament of the said Almerie Augustin Charles (which Will was executed before Vincent Frederick Floissac and colleague Allen Montgomery Lewis, Notaries Royal on the 15 ^th day of January 1955, and duly admitted to Probate and registered on the 15 ^th February 1961, in Volume 112a No. 71572), the plaintiff was named sole executor and Universal legatee.

12 The defendant stated that she is the widow of the late Dominique Charles François, also known as Almerie Augustin Charles. She stated in the Defence and Counterclaim that they were married at Maracaibo, Venezuela on 9 ^th December 1951, in community of property and she claims that she resided with him in SoufriÈre when he went to live there.

13 It is the contention of the defendant as indicated, that by virtue of the community of property which she claims existed between the late Almerie Augustin Charles and herself, she is entitled to an undivided half share in the immoveable property at East Boulevard Street, SoufriÈre and which is valued at $4,116.50.

14 As a result of her Counterclaim the defendant seeks either an order awarding her the sum of $2,058.25, which represents half of the value of the property or an order for partition of the said...