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The Estate of Marie Stewart – Family Feud Over Land Matter Gone Public

Submitted by Sarah Cyrus

The following two communications occurred between the blogmaster and Sarah Cyrus – David, blogmaster

Communication 1

With regard to Senator Franklyn’s response – Senator Caswell Franklyn Responds to Facebook Video Accusing Ministers George Payne and Dale Marshall of Fraud  to the video allegations, I can categorically state that he did speak to my cousin Ermine every Sunday.

However, his statements regarding Glenda Stewart not returning to Barbados are erroneous. Glenda visited Mr. Holder in his final days and paid for Mr. Holder’s funeral and her mother’s. I know of her visiting at least six times for extended visits. Further to that, she paid the loans that Mr. Holder had accumulated and she paid for the repairs when the home suffered a fire in 1986.

Mrs. Atwell was not a recluse. She was eccentric but very intelligent and sociable. She sold the land because the house had fallen into a state of disrepair and she needed to rectify some legal matters. As for documentation, I am in possession of all documents related to the sale and the entire estate. My cousin trusted me. Yes she was angry because her sister brought a legal tort, however, attempts to reconcile the matter were hindered by those being accused.

All attempts to rectify discrepancies in a civil and sensible manner were rebuffed again by those being accused.

Communication 2

Sorry for my delayed response.  There are some less than professional legal manoeuvrers on the part of those accused as I agree that my cousin Glenda, as a beneficiary of the estate, should have been duly notified by counsel prior to the sale. However, the sale of Weston was done in Ermine’s legal capacity as Executrix of the Estate of her mother Marie Louise Stewart.  My cousin Ursuline, the younger sister of Ermine and Glenda was the co-executrix but she died before the Testarix, Marie Louise Stewart leaving Ermine as the sole Executrix.  The lawyers advanced Ermine in excess of $200, 000 (yes, she provided me with every document that she signed) and to sell the land was the only way to pay the debt.  Pamela and Glenda have cause for legal action but not with regard to the sale of the land at Weston. There is a great deal more to this saga and I think those accused should be held accountable for their shenanigans. I am not sure that social media is forum but I guess they need to be heard.

 

Documents

267 responses to “The Estate of Marie Stewart – Family Feud Over Land Matter Gone Public”

  1. WARU Avatar
    WARU

    “There is a great deal more to this saga and I think those accused should be held accountable for their shenanigans.”

    So some type of underhand illegal dealings using the system and the land did take place and the accuseds are not innocent, if the executrix sold the property for 2.4 million, why did she die in such poverty, who got the money from the sale,…what year did she die, because this sale is recent AND since she had no kids, i believe the story goes, where is the money from the sale of the land.

  2. WARU Avatar
    WARU

    “Yes she was angry because her sister brought a legal tort, however, attempts to reconcile the matter were hindered by those being accused.

    All attempts to rectify discrepancies in a civil and sensible manner were rebuffed again by those being accused.”

    It is very clear the lawyers being accused did something nasty for their own financial benefit and greed.

  3. Kirk Rueladel Avatar
    Kirk Rueladel

    Moral of this story is: STAY AWAY FROM LOCAL LAWYERS?

  4. Anne Avatar
    Anne

    I will wait and see how this turns out. Lawyers have no conscience.

  5. Kirk Rueladel Avatar
    Kirk Rueladel

    Use foreign lawyers where possible, it’s cheaper, faster and better. And CONFIDENTIAL.

  6. James Greene Avatar
    James Greene

    there is no way that the lawyers in this matter are corrupt. as far as i know the lawyers in question, at least for one side, are BLP ministers and corruption in Bim ended in 2018 having started in 2008. somebody is mistaken here

  7. Kirk Rueladel Avatar
    Kirk Rueladel

    James. That’s a great story, time for bed now.

  8. John Avatar
    John

    https://biv.com/article/2016/12/eldorado-ceo-paul-wright-retires-goldcorps-george-

    Is this the Paul Wright whose signature appears on the document?

  9. WARU Avatar
    WARU

    We know something nasty went on, even if the deceased was the executor of her mother’s will, it still means her sister or other siblings were entitled to any proceeds from the sale of property.

    The ladies may not know everything about wills and estate, but they will certainly know when they got robbed.

    Bajan lawyers are good to stay the hell away from, even lawyers from other islands who work on the island for any length of time get infected with the disease of theft from clients …..hire your lawyers fresh from other islands, make sure they do not live in Barbados, let them travel to handle your cases.

  10. Sargeant Avatar
    Sargeant

    @David
    Is that the correct link? I thought that this is what you were looking for

    https://barbadosunderground.net/2018/08/17/senator-franklyn-responds-to-facebook-video-accusing-ministers-george-payne-and-dale-marshall-of-fraud/

  11. David Avatar
    David

    Thanks Sargeant.

  12. de pedantic Dribbler Avatar
    de pedantic Dribbler

    @WARU on what factual grounds is it legally correct that “even if the deceased was the executor of her mother’s will, it still means her sister or other siblings were entitled to any proceeds from the sale of property”?

    Is there something in the will which gave part porceeds from a sale to the other siblings?…Where is it stated in the book of life or law that a parent is obligated to leave something to every child or any child?….

    Are children who provide for or help a parent automatically entitled to proceeds from their property sales regardless of bequeaths and designations in the parent’s will?

    This is an internal family matter which has unfortunately exploded in public view and we are now nitpicking strands of the affair which will be decided on rules of law and not personal sentiments about attorney greed.

    If the lawyers have transgressed then hopefully they will be held to account and the family Will reclaim any ‘stolen’ monies but so far the real lesson from all this seems to me to be: keep your business private !

  13. Mariposa Avatar
    Mariposa

    It would be of interest to know why Caswell would speak to the old lady every Sunday
    Be that as it may.Caswell being involved speaking on behalf of Payne is also interesting so interesting that it begs the question as to what Payne had whispered into Caswell ear making Caswell to speak untruths
    Caswell introducing himself with erroneous information now becomes a target with inquisitive questions as to who might have invoke their two cents worth of misleading information to him which he lend to BU on their behalf

  14. Sargeant Avatar
    Sargeant

    @DPD
    If the lawyers have transgressed then hopefully they will be held to account and the family Will reclaim any ‘stolen’ monies but so far the real lesson from all this seems to me to be: keep your business private
    +++++++++++++++
    What kind of pollyanish world do you inhabit? “”Hopefully”? The lawyers have had plenty of opportunity to clear the issue up and you write about “Hopefully”. Is that “hopefully going to come from the local Bar Assoc? The local media? The RBPF white collar unit? I hesitate to write the local AG’s office but……. some family members have alleged they have been wronged and they have used possibly the only medium to get as much exposure as possible and you write “hopefully”.

  15. de pedantic Dribbler Avatar
    de pedantic Dribbler

    @Sargeant, a wry laugh to you as well this hazy morn.

    If this family perceives that they will get better redress from this public shaming then so be it…Thus far it looks as if they are on a banana peel with one foot and the other on rung two of an unstable ladder…about to fall badly!

    Getting the public on their side…if that’s the intent… does NOT incentivize none of the local Bar Assoc, the local media, the RBPF white collar unit nor the local AG’s office to act on their behalf.

    Are YOU saying that they have a valid case thus far !

    So far I see a family squabble with a broadside against the Payne law firm…so yes HOPEFULLY if the accusers can present valid grounds of malfeasance then just as in the Carrington case they will find redress.

    Please identify the benefits to the accusers of this public ventilation thus far!

  16. John Avatar
    John

    John
    August 24, 2018 7:09 AM

    https://biv.com/article/2016/12/eldorado-ceo-paul-wright-retires-goldcorps-george-
    Is this the Paul Wright whose signature appears on the document?

    ++++++++++++++++++++++++++++++

    Interesting what is happening in Greece today.

    http://www.keeptalkinggreece.com/2017/08/10/kammenos-hellas-gold-eldorado-gold/

  17. John Avatar
    John

    Seems there is a Barbados company too.

    https://offshoreleaks.icij.org/nodes/101721269

  18. Sargeant Avatar
    Sargeant

    @DPD
    David has posted additional documents that have been provided by a “cousin” who wrote the following “I agree that my cousin Glenda, as a beneficiary of the estate, should have been duly notified by counsel prior to the sale”. Presumably this “cousin” must be in possession of more documents confirming Glenda’s status as a beneficiary so why wasn’t “Glenda” notified?

    I wrote before that this matter could have been cleared up in 2 minutes if the lawyers were transparent but “mums” the word.

    BTW a family squabble with 2 million or more at stake? Hmmmmnnnn….

  19. Heather Cole Avatar
    Heather Cole

    @David, we need to see that will. A person cannot be a lawyer and personal representative at the same time. We also need to find out what happened to the proceeds of the sale.

  20. David Avatar
    David

    @Dee Word

    Given the weight of public opinion regarding how legal matters are dealt with in Barbados on behalf of clients at home and abroad this family feud has mushroomed into a matter of public interest.

  21. Observing Avatar
    Observing

    @Sargeant

    “I wrote before that this matter could have been cleared up in 2 minutes if the lawyers were transparent”

    but isn’t transparency the hallmark of these two ministers in this present dispensation???

    Will Freedom of Information help us to find and clear up “outstanding” issues?

    We wait with bated breath.

    Observing

  22. Sargeant Avatar
    Sargeant

    Aren’t wills lodged with the Registry when probated? Don’t they become public documents? I wrote earlier any intrepid citizen (I hesitate to say Reporter) could do a search and see what they can find.

  23. John Avatar
    John

    Sargeant
    August 24, 2018 9:05 AM

    Aren’t wills lodged with the Registry when probated? Don’t they become public documents? I wrote earlier any intrepid citizen (I hesitate to say Reporter) could do a search and see what they can find.

    ++++++++++++++++++++

    Yup, yup and yup!!

  24. Hants Avatar
    Hants

    Now I understand why the two women in the video were so enraged.

    what happened to the $2.4 million ?

    TWO MILLION DOLLARS.

    In Barbados land, estates ,family and lawyers is a toxic cesspool….in some cases. Not all.lol

  25. Sargeant Avatar
    Sargeant

    I find intriguing that the lawyers had advanced the princely sum of $200,000 to Ms. Atwell, now that is a nice piece of cake but she was sitting on some valuable Real Estate. Was that piece of property pledged as collateral for the loan? Ms. Atwell seems to be a person of modest means which meant she may have lacked the ability to repay a loan of that amount and that could have triggered the sale of the land.

    Like others I am wondering what happened to the proceeds of the sale? Carrington redux?

  26. WARU Avatar
    WARU

    Pedant…there is no benefit to you in exposing your lack of knowledge.

    The Stewart ladies did the right thing and in the only way they know how…because of the level scum lawyers have sunk themselves and the island to in order to feed their greed.

  27. WARU Avatar
    WARU

    Sargeant…therein lies the scam…a 200K advance..,,.is a real far distance from 2.4 million….so who has the 2.4 million proceeds of the sale of land,

    ah bet if the Stewart ladies had gotten that 2.4 million as is their right, seeing there is a claim the mother as beneficiary was named in the will with the sister as executrix., you would not get this level of anger regarding the land.

  28. Mariposa Avatar
    Mariposa

    Hmmmm

    https://m.facebook.com/story.php?story_fbid=870416903167850&id=100005986451739

  29. Jean Avatar
    Jean

    Bajan lawyers = no moral scruples.

  30. Bernard Codrington Avatar
    Bernard Codrington

    @ Hants at 9 :14 AM

    I have revised my estimate of the number of outfalls required. Do you think we should re – design of the disposal system?

  31. John Avatar
    John

    https://www.theglobeandmail.com/report-on-business/international-business/eldorado-gold-faces-accusations-of-tax-avoidance-in-greece/article23694042/

  32. John Avatar
    John

    “The report said Eldorado’s tax-avoidance plan relied on shifting money from high-tax to low-tax countries. SOMO determined that Eldorado’s Greek subsidiary, Hellas Gold, issued unsecured bonds, worth €96-million in 2013, to several Dutch companies controlled by Eldorado. In turn, the Dutch companies were financed by loans from an Eldorado company in Barbados. Interest payments on the bonds and loans, both from Greece to the Netherlands and from the Netherlands to Barbados, went virtually untaxed, the report says.”

  33. John Avatar
    John

    https://www.timesofmalta.com/articles/view/20180213/local/malta-company-registry-data-to-be-revealed-by-icij.670574

  34. de pedantic Dribbler Avatar
    de pedantic Dribbler

    David Mr Blogmaster, I fully appreciate the morass of legal problems that exists on island and in that regard one of the real benefits of this public ventilation is the knowledge it provides for all of us who may have to navigate again that morass. Of course the family may also get a similarly disadvantaged Bajan with whom they can press their claim against the law firm but I see no more great benefice to this public exposure.

    @Sargeant, yes I saw the cousin doc…in fact it was based on that I opined that the family squabble should remain private as it appears a ticklish legal affair.

    You offer a quote so maybe you can offer a opinion on its relevance…What punitive legal jeopardy is there if a beneficiary of an estate is not notified on a sale…assuming she gets all her share of the sale?

    Being a person who is entitled to proceeds of a sale (my basic interpretation of a beneficiary here, sans other details) does not itself suggests that said beneficiary must in any way be informed or kept updated on the actions PRIOR to any sale…..UNLESS the language in the estate will so stipulates.

    I am NOT a lawyer but have directly messed around these matters enough to offer that opinion….THAT SAID the remark by the cousin suggests that she was advised after the fact that the will may have had such a stipulation….AND if it did then I presume it also had a remedy for said breech….

    If so then to your point this should have been resolved more efficiently.

    No Ms Cole, we DO NOT need to see that will. Why/ These are non public figures with no public related funds involved so on WHAT basis should we be peering into their private affairs? We may need to see Mr Thompson’s will but why this one?

    And what do you mean that a person cannot be a lawyer and personal representative at the same time!…Don’t lawyers act with power of attorney for others…isn’t that a personal rep and lawyer at same time?

    @WARU, I asked you simple queries based on your broad and seemingly inaccurate remarks. If you can only push your ‘all lawyers are bad agenda’ and dissembling commentary then carry on smartly. I thought the new name portended more practical commentary.

  35. Hants Avatar
    Hants

    @ Bernard Codrington,

    No need to re design based on my comments.

    I am not a maguffee like you and as Bushie and PUDRYR would tell you I usually write bare excrement because I did not stay in school as long as wunna.

    I do read everything wunna write so that I can feel like I din waste all the time they were “stuffing my tender brain with knowledge.”

  36. WARU Avatar
    WARU

    Pedant…just watch it unfold, don’t try to reverse anything, all this is out of your reach, we already know the mentality, if it never happened to you or yours, in the one tracked, narrow mind consumed with tunnel vision…, it never happened…until it does.

  37. David Avatar
    David

    @Dee Word

    “No Ms Cole, we DO NOT need to see that will. Why/ These are non public figures with no public related funds involved so on WHAT basis should we be peering into their private affairs? We may need to see Mr Thompson’s will but why this one?

    And what do you mean that a person cannot be a lawyer and personal representative at the same time!…Don’t lawyers act with power of attorney for others…isn’t that a personal rep and lawyer at same time?”

    Please explain yourself!

    Wills are public documents can be accessed for a fee unless misfiled by the registry.

    The players have come public because of an inability to resolve in a civil manner as stated.

    Yo do not feel the pinch of the shoe unless you wear the shoes?

  38. Bernard Codrington Avatar
    Bernard Codrington

    @ Hants at 10 :41 AM

    Where has your sense of humour gone to? I never inferred that you write excrement, unless you have more than one moniker. Even then, I do not think I use those terms. Please continue your submissions I do read them.

  39. Hants Avatar
    Hants

    @ Bernard Codrington,

    No worries. We good. lol

  40. de pedantic Dribbler Avatar
    de pedantic Dribbler

    Mr Blogmaster, I thought I had explained myself rather clearly.

    1.This public exposure give us all an opportunity to better understand another will probate case and provids invaluable experience to handle our own family affairs. …I sad that in different words above.

    2.Of course a probated will is a public doc but apart from above can you or anyone else here tell me the benefit of peering into this family’s probate matter? As I said is this the will of a public figure like Mr Thompson?

    3.The players inability to resolve a civil manner is an unfortunate problem for THEM and yes it gives us guidance but I have not gleaned anything from this thus far beyond the alleged malfeasance by the attorneys. The intra family squabble presents the same ole same ole intrigues that plague ALL our families….so what’s the benefice of that public airing!

    And don’t jump to conclusions sir…I have worn wear pinched shoes…and remembering the pain I prefer to get down to the ‘sole of the matter’!

    The English family went after the lawyer ….but as matters develop there is more to the matter than that important charge. My only concern is that publicity can shine a light into crevices that ideally should be left out of view.

    Anyhow, I gone. I wish the family members their desired resolution.

  41. David Avatar
    David

    @Dee Word

    The consideration in the argument you have neglected to factor is the two high profile ministers of government mentioned.

  42. Mariposa Avatar
    Mariposa

    Oh whatba tangled web we weave when we practiced to deceive

    https://www.facebook.com/jackie.stewart.965/videos/870548013154739/

  43. Sargeant Avatar
    Sargeant

    @David
    Wills are public documents can be accessed for a fee unless misfiled by the registry

    +++++++++++++

    That may be construed as a subliminal message

  44. Artax Avatar
    Artax

    “Where is it stated in the book of life or law that a parent is obligated to leave something to every child or any child?….”

    Unfortunately, dPd is correct.

    I have a relative who, at the request of her mother, lived with her mother for several years…….. and took care of her when she became ill. Upon her mother’s death, she and her brother met to make funeral arrangements. The brother said he was not in a position, financially, to assist in paying for the funeral.

    A week after the burial he posted a notice in the papers saying he was executor of his mother’s will…….and a few weeks after the notice, he told his sister his mother left the house for him and he wanted her to vacate it within 1 week.

    He took the matter to court to have her evicted. After the magistrate read the “will,” he determined the house belonged to her brother and gave her 4 months to vacate the premises. She told me the magistrate said her situation was not fair and he is confronted with these situations on a daily basis.

    She sought the services of a lawyer who also confirmed the house is her brother’s property.

    Even if he sold the house she would not be entitled to any of the proceeds from the sale.

    Under these circumstances I have to agree with Dribbler that a parent is not “obligated to leave something to every child or any child.

  45. WARU Avatar
    WARU

    I don’t know if people are deaf or only hear what they want, but it has been said repeatedly by these ladies that the two sisters were NAMED as beneficiaries in the Will, it APPEARS that one was executrix…..which stills means that they are BOTH beneficiaries to the Will…so what is so hard about that to understand…if a sale took place by order of the executrix and then the executrix died, the proceeds of sale of land 2.4 million…goes to the surviving beneficiary(ies)..

  46. David Avatar
    David

    @Sargeant

    We need to know on what basis the Will was probated and sale of the land consummated with the stealth alleged.

  47. Mariposa Avatar
    Mariposa

    The possibilty of illegal affairs took. place behind these two woman backs is becoming clearly apparant
    Now we have everyone running with documents of exclusive to these two people being involved during transactions
    Most of the time people self-serving actions come back to bite them in the a.ar.see
    The desperation to cover up the dastardly acts made way to calling on poor Caswell for help
    Caswell not privy to all information regurgitated a lie which he was told
    Albeit Caswell now gone into hiding

  48. Hal Austin Avatar
    Hal Austin

    Wills can be challenged in court and are almost every working day in the UK. The courts have the power to overturn the will, no matter what the deceased bequeathed. It is not just a technical matter, it is also one about equity. Lesson 101 in inheritance law.

  49. Artax Avatar
    Artax

    “Wills can be challenged in court and are almost every working day in the UK. The courts have the power to overturn the will, no matter what the deceased bequeathed. It is not just a technical matter, it is also one about equity. Lesson 101 in inheritance law.”

    Seems as though the author of the above comment is suggesting that all lawyers, judges and magistrates in Barbados are incompetent and unaware of “Lesson 101 in inheritance law.”

  50. Hal Austin Avatar
    Hal Austin

    This contributor seems to be living in another world. Pls re-read the post and see which jurisdiction it applies to. Is s/he a real person with normal mental faculties or is he just deranged? Where is competence suggested or implied in the post? By the way, my understanding is that Barbados does not have inheritance legislation.

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