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Judgment

In the Estate of Alfred Mountclair Bodden (deceased) and In the Matter of an Application by Cleever Clifton Bush - Ruling

G 0091/1986 · 1988-04-13

Interpretation of Succession Law section 29; Meaning of “half brother”; Requirement of lawful wedlock; Estate devolving as bona vacantia; Application for grant of administration dismissed

Full metadata
Cause Number G 0091/1986
Court CIGC (Civ)
Judge Collett CJ
Parties In the Estate of Alfred Mountclair Bodden (deceased) and In the Matter of an Application by Cleever Clifton Bush - Ruling
Judgment Date 1988-04-13
Subject Interpretation of Succession Law section 29; Meaning of “half brother”; Requirement of lawful wedlock; Estate devolving as bona vacantia; Application for grant of administration dismissed
Filename (current) 88-04-13-Alfred-Bodden-deceased-v-Cleever-Bush.pdf
Legislation cited
Statute Sections cited Mentions
Succession Act 29, 33 2
Full text17 paragraphs Download PDF

Use paragraph links to cite this judgment, or download the original PDF. Select text to copy a passage.

In the Grand Court of the Cayman Islands — Civil Division
Cause No. G 0091/1986
In the Estate of Alfred Mountclair Bodden (deceased) and In the Matter of an Application by Cleever Clifton Bush - Ruling
Before
Collett CJ
Judgment delivered 1988-04-13

IN THE GRAND COURT OF THE CAYMAN ISLANDS

HOLDEN AT GEORGE TOWN, GRAND CAYMAN

IN CHAMBERS

BEFORE THE HONOURABLE THE CHIEF JUSTICE

Cause No. 91 of 1986

In the Estate of ALFRED MOUNTCLAIR BODDEN deceased

AND

In the Matter of an Application by CLEEVER CLIFTON BUSH for an order to be appointed Administrator of the Estate of Alfred Mountclair Bodden, deceased pursuant to S.33 of the Succession Law (Probate and Administration Rules)

Mr. W. S. Walker of W. S. Walker & Co. for the Applicant
Miss J. Conolly, Crown Counsel, for the Attorney General

COLLETT, C.J. RULING

The Question of law raised by this summons may be succinctly stated. It is whether or not the interpretation of section 29 of the Succession Law 1975 of the Cayman Islands, the term 'half brother' as used in paragraph (e) should be interpreted as including a half brother of the deceased whose relationship is not traced through lawful wedlock. That is the factual situation here.

Crown Counsel has pointed out that the language of section 35 of this statute is such that, if the matter of lawful wedlock were not relevant to the tracing of relationships under section 29 of the Law, then section 35 would have been superfluous. This is one pointer to the true construction of the earlier section.

Reference to Halsbury Laws of England 3rd Edition Vol. 3 p. 105 shows that the comparable provisions of the former Administration of Estates Act 1925 were interpreted by the English Courts so as to ignore the claims
of any collateral relatives whose relationship could not be traced through lawful wedlock. That was also the rule at Common Law: see Dyke v Walford (1848) 5 Mood P.C. 434. That rule has not been altered in the Cayman Islands although it has been altered by statute in England recently.

In these circumstances I must interpret the section in the sense contended for by Crown Counsel and hold that the estate devolves as bona vacantia upon the Crown in accordance with paragraph (f). The proviso to that section will then apply.

In these circumstances the Applicant is not entitled to a grant of administration and the summons must therefore be dismissed.

Dated the 13th April 1988.

CHIEF JUSTICE

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