The WILL has been the source of fierce discussion regarding the Estate of Marie Stewart. Here it is for review and to inform discussion about a matter the blogmaster takes the opportunity to reiterate needs to be resolved away from the glare of the public. However, precedent has shown oft-times that this will not be the case.
The attached file contains Ms. Atwell’s instruction to the lawyer AND an extract from Ms. Harewood’s affidavit. Is it fair to surmise that she acknowledged at the time of signing that the beach land was not bequeathed to her? The blogmaster is willing to be guided.
The following invoice is meant to shed light on the settling of the Estate of Marie Stewart as requested by the BU family.
Based on what has been made public so far is it true to conclude that the land being disputed represents part of the estate therefore it is not accurate to state it is the property of any of beneficiaries in the Will? This is the part of the dispute the blogmaster is struggling to understand.
The blogmaster continues the exchange with Sarah Cyrus regarding accusations leveled at Ministers George Payne and Dale Marshall. You will recall the first exchange represented in the blog post – Family Feud Over Land Matter Gone Public.
In an effort to get a better understanding the blogmaster asked a few more questions:
The land sale took a very long time because the original deeds were lost. For ten years, Ms. Atwell survived on her pension and financial assistance from her great-nephew Teon and another cousin. It never occurred to the other beneficiary to check and ascertain that bills were being paid. I was told that Ermine advised other family members as to the bank where funds are being held. The funds belong to Ermine’s Estate and her sister in equal parts. The sister insists that she wants the land back. Ermine was the Executrix and made the best decision for the Estate and for her own survival.
2. Why did the attempt to settle the matter in a civil manner fail?
From what I was told by other family members, those who are screaming on social media chose to go to court rather than sit down and have a conversation.
I believe that Ms. Stewart is enjoying 15 minutes of fame and expects that the sale will be reversed because of public sentiment. With respect to settling short of legal action, I have been told that one family member flew to Barbados at her own expense and attempted to meet with Mr. Payne and Ms. Stewart and her mother. Mr. Payne’s office accepted the appointment and when the three women arrived, the secretary advised them that Mr. Payne could not meet with them because, “they had engaged in litigation.” I doubt that they are willing to settle the matter short of getting the beach land back.The family has sided with Mrs. Atwell on this matter and are no longer commenting.
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
[Barbados Underground] The following was shared by Senator Caswell Franklyn in response to the following question –
@Senator
Is there any light you can shed on the lady and her mother posting videos to Facebook accusing Payne and Marshall of some unscrupulous action?
“David, Blogmaster
I know more than most about the situation which led to these two people defaming Marshall and Payne on Facebook.
This matter arose out of the sale of land of the late Ermine Atwell. She was the widow of Melvin Atwell, attorney-at-law. The two people making the allegations about Marshall and Payne are Ermine’s sister and niece.
Ermine was a recluse who lived alone with her dog, Zena. For a number of years Ermine would call me every Sunday, unless I was out of the island or there was a problem with Cable and Wireless. We would talk about every conceivable topic, one of which was her sister’s and Niece’s efforts to get their hands on Ermine’s land.
According to Ermine’s version, the sister Ieft Barbados in the sixties and did not look back, not even to attend their father’s funeral in 1975. Then out of a clear blue sky the sister returned to Barbados, and only made contact with Ermine by way of a lawsuit to get portion of Ermine’s land that formerly belonged to their father. The sister lost the case.
Ermine was willing to help her sister if she had asked but was hurt and angry that the sister took her to court. As a result, she vowed to me that the sister would get nothing from her and as far as I know, Ermine was taking steps to make sure that the sister would get nothing.
Ermine died suddenly and I don’t know how far she had gotten in disposing her property. I know that Ermine believed in George Payne and Rawle Eastmond but had chosen George to deal with her legal matters.
I did not comment before for two reasons: I was not asked; and Marshall and Payne should be able to take care of themselves.”
The following documents posted to BU’s Facebook Timeline:
Dale Marshall Witness Statement (1)
Dale Marshall Witness Statement (2)
Dale Marshall Witness Statement (3)
Dale Marshall Witness Statement (4)
Dale Marshall Witness Statement (5)
Dale Marshall Witness Statement (6)
Mia Mottley’s swearing in as leader of the Opposition at Government House with Arthur and Payne in February 2013
In recent times, the government of the day has come under the lens of the Mia led faction of the Opposition Party. However, her efforts at stamping her leadership has been undermined from the word get go .Mia’s gusto and zeal has ignited only a part of her team. The George Payne and Arthur faction have remained faithful to the No support Mia policy.
Word reaching this side of the fence, after rubbing shoulders with those in Opposition is that Arthur has renewed his vows to ensure that the Mia’s reign is shorter than it was on the last occasion. Arthur is so worked up about Mia’s leadership that he has decided to keep busy by making public statements and appearances. While not speaking to the issue of leadership in public he makes no bones about in conversation to those who will listen. He actual uses the ‘H word’ to describe her.
Edmund Hinkson’s SOD
Related Links:
Barbadians were treated recently to the news that the enigmatic Chairman of CLICO Holdings Barbados Leroy Parris who was deposed when the bottom fell out of the CLICO parent company in Trinidad has filed a legal action against the Nation, Barbados Advocate and Barbados Labour Party (BLP). Parris would not have made the top 200,000th popular person list in Barbados prior to his recent court action. Now that he has filed the action his position is likely to slide to 250,000th.
George Payne, former Chairman of the Barbados Labour Party announcing Owen Arthur’s return back in October 
Mia Mottley’s swearing in as leader of the Opposition at Government House with Arthur and Payne in February 2013 Edmund Hinkson M.P, St.James North
Barbados Underground (BU) welcomes the Barbados Today report about the George Payne v Edmund Hinkson: Storm Clouds Hovering Over MAM court matter even though it has come several days after we posted. The fact that Roy Morris (Chief Editor) and shareholders in the Barbados Today have chosen to expose one side; that of the plaintiff, and not the defendant is evidence of the stain which the traditional media continues to blot the media landscape of Barbados. BU is aware how matters before the Courts must be treated in the public domain. Given its public profile a media house can easily be joined by either side to a matter like this one. What it does not mean however is that ALL the facts should not be reported. In this case why not ensure that the Statement of Defence (SOD) is included in the report?
BU continues to find this matter intriguing but not for the reasons political yardfowls on either side will show glee. There are the political ramifications of the court action by Payne for the Barbados Labour Party (BLP). Also, it gives BU the opportunity to explore a related issue associated with libel and slander which are now interchangeably referred to as defamation under the Act.
News broke this week that Barbados Labour Party (BLP) member of parliament George Payne has filed a defamation action against fellow BLP member of parliament Edmund Hinkson. To say that the action is mind boggling is an understatement. BU continues to try all effort to procure the court filing.
Barbados Members of Parliament 2013
The McKenzie Files
We continue our focus on governance issues.
BU has gained possession of what we will refer to as the McKenzie Files. Much of the subject matter will not interest the BU family but among the over 30,000 pages, we have come across references to prominent figures in Barbados. BU posts these files deemed to be in the public interest and because of the public’s right to know.
BU recognizes that there are some people named in these files who are NOT public figures and it would be unfair to make public references to them. BU will continue to exercise discretion in what it publishes by redacting names where appropriate.
BU acknowledges that these documents are in public domain. If anyone named feels that they have been unfaired or defamed, please do not take it up with BU, but with the authors of the documents. Finally, BU will publish any relevant documents in the public interest and let the chips fall where they may.
Owen Arthur, Leader of the Opposition seen driving an Audi SUV in recent days
Those who followed the debate in the Lower House (highest court in the land) this week gleaned that Leader of the Opposition Owen Arthur was missing from the debate, AGAIN. The practice of visiting for a brief period to be marked present has been perfected by Arthur during this term as Opposition Leader. The job of leading important debates has been routinely entrusted to former leader of the opposition Mia Mottley. Another observation has been the low-key involvement of Deputy Leader of the Opposition Dale Marshall.
To question Arthur’s lack of participation in debates in the Lower House will probably provoke the predictable partisan howls. If we accept that Arthur was busy preparing for his sojourn in New York, his attendance record in parliament and early departure on many other occasions are a matter of record. Arthur’s willingness to ‘diss’ the ‘poorakey’ Lower House has to be regarded as gross disrespect of the highest court in the land. How many Barbadian workers are able to arbitrarily decide their hours of work?
It is instructive that there are a few Barbadians who remember that the role of the Opposition Leader is recognized in the Constitution of Barbados.
