Weir v Weir

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Staine, J.
• Judgment Date: 07 July 1979
• Docket Number: Action No. 43 of 1977
• Date: 07 July 1979

Supreme Court

Staine, J.

Action No. 43 of 1977

Weir

and

Weir

Mr. B.Q.A. Pitts for the plaintiff

Mr. D.R. Lindo for the defendant

Inheritance and succession - Will — Intention of testator — Testator devised two lots, one to each party — Construction of testator's will gave the defendant part of the plaintiff's property — Surveyor employed to resolve the difficulties — Finding that the justice of the case would be best served by adopting the scheme ordered by the surveyor.

1 This Action is brought to establish the plaintiff's claim to certain lands and to establish and settle the boundaries between lands belonging to the plaintiff and lands belonging to the defendant and also for a declaration that the defendant by his agent, servant or otherwise be restrained by an injunction from creating or pulling down or altering or in any way dealing with the freehold property the subject matter of this Action.

2 The plaintiff as well claimed an order that the defendant dismantle any or all property he may have on the said land.

3 Both the plaintiff and the defendant trace their root of title to the same source, the Will of their father, Frederick Samuel Weir, a retired contractor. Frederick Weir was described as a meticulous and well-read man, and numbered among his friends the legendary F.P.A. Phillips, a practising solicitor at the time. It was given in evidence that it was Frederick Phillips who drafted the Will...