In the matter of the Amy Tutelles

AND IN THE MATTER OF AN APLICATION BY ANGELA CLAUDETTE AMY, NEE HORMAN, FOR THE LIFTING OF A CAVEAT.

The Court has been sitting to hear applications for summary judgment by Marianna Isadora Amy ("Marianna") and Anastasia Rebecca Amy ("Anastasia"), and an application by Angela Claudette Amy née Horman ("Mrs Amy") for the lifting of a caveat granted by Birt, Bailiff, on 7 th October, 2010, at the instance of Marianna. It was agreed by counsel that the issues raised were matters of law, and I have accordingly sat without Jurats.

The applications for summary judgment relate to separate sets of proceedings. Anastasia began proceedings by Order of Justice against Mrs Amy and Charles David Barnett ("Mr Barnett") on 22 nd October, 2010. Marianna began proceedings against the same defendants by Order of Justice on 3 rd November, 2010. The applications raise issues which are, for all practical purposes, common to both sets of proceedings and it is therefore convenient to deal with them together. I propose to deal first with the summary judgment applications and then with the application to lift the caveat.

The 1999 Will revoked an earlier Will of immovable property which was dated 5 th November, 1996. By that Will the entire immovable estate was devised to Mrs Amy for herself and her heirs in perpetuity. Counsel for Mrs Amy told me that the earlier Will in favour of his client had been revoked because Mr Amy held her responsible for his eviction from the matrimonial home shortly before his death. That eviction had been the result of allegations of maltreatment involving the children. Those allegations had not been resolved by the time of Mr Amy's death.

On 16 th February, 2010, counsel for Marianna issued a summons in the context of her representation, seeking an order that Mrs Amy should file an answer within 21 days, the appointment of accountants to prepare accounts in the tutelles of Marianna, Anastasia and Philip and other relief.