Here is the story.
On May 18 the bailiff came and served papers to McDowell stating that a claim is being made on this property and he has 14 days to answer the claim.
To make a long story short - the Kelsick family is claiming this compound (house, bar/restaurant building, and land) on the basis that since it didn't belong to Gwendolyn Peter, who left it to McDowell, they are claiming the property, as it was left to them by Marion in her will. Miss Marion died in 1988. They have not been heard from since Miss Gweny's death in 2012, and then only briefly and unpleasantly.
This is a prime piece of real estate in the heart of Portsmouth, 80 feet of beach front on the western side (sea side) and fronting on Bay Street, the main street, in Portsmouth, at a main intersection. Portsmouth is the size of Perth and the second "city", after Roseau, the capital. The bar/restaurant with its large patio faces the Caribbean Sea, the house and garden are part of this treed compound.
Marion Peter, Gwendolyn's aunt, owned the house, the title is in Marion's name. Marion left the compound, the property, including the house, to her family, naming the Kelsicks, among other heirs. These are the people who are making the claim. Marion's Will also gave Kitsia, her sister, and Gwendolyn, her niece,(who was Marion's caretaker, and who was brought up by Marion and taken under her wing when she was 5 years old), Life Interest, or Life Tenancy only. That is, Gweny could live here for her life then it would fall to the named heirs.. Gwendolyn apparently was unaware of Marion's Will and was under the impression that Marion had left the property to her. In turn, therefore, Gwendolyn left the property to McDowell in her Will. However, IT WAS NOT HERS TO GIVE., She only had Life Tenancy. Now the Kelsick family, and some other relatives, 2nd and 3rd generations, want this property and are basing their claim on Marion's Will. We have a very short time to answer this. We do not have the resources to hire a lawyer. We are waiting to hear from Legal Aid.
This is McDowell's life we are talking about. 33 years. By extension, mine. McDowell/s business is an established one here, he did errands and polishing the floors and sweeping the yard for the 3 ladies as a school boy, He lived here when he returned from his sea faring days and looked after Miss Gweny for many years especially when she became blind.
JUNE 9 - still here feeling homeless, helpless, and almost hopeless. The Legal Aid lawyer, Peter Allen, is filing our answer to the claimant. We would like to go to mediation. Will the other side agree to mediation? We are seeking time and compensation.
Meanwhile, I am house hunting in Portsmouth, Picard, and Lagoon. Nothing. There are a few prospects, and we are slowly plugging away at it.
JUNE 28 - no news. Some pluses.1. We like the Legal Aid Lawyer, Peter Allyne. He is well experienced in this sort of confusion and is well-known in the community. 2. The Kelsicks have not responded to the request for mediation. 3. Marion's will states that Gweny should get a quarter of the proceeds from any lease or sale of the property. Gweny is dead and has no heirs, her intention to leave something to her 'caregiver' is clear. 4. Compensation and time are what we want from mediation. We have put a lot of money into repairing the house upgrading the bar/restaurant building and restoring the grounds after Hurricane Maria. 5. It will take a very long time to come to any conclusion. There are six families involved and knowing families and Dominicans they will not come to an agreement quickly. So we are carrying on as though all is well with the Sword of Damocles hanging over our heads.
We are assuming that they want the real estate which is probably worth a million US$. It is not uncommon for the children and grandchildren of Dominicans who immigrated, years ago, to the US, UK, and Canada and are solid citizens of wherever they living, to suddenly wake up and claim land that their ancestors abandoned on an exotic Caribbean island, thinking they could get rich quickly. They then get embroiled in awful family disputes with cousins, siblings, various aunts and uncles, each wanting their little piece. This case is headed by a nurse in Texas.
October 4, 2023 Even after much nagging the lawyer, dropping in on him, and phone calls there is no news, no response from the other side. Does anyone really care? Do 'they' have a deadline for responding? We can't get an answer on this from the lawyer. However, I have heard from a reliable source that there are 44 family members involved in this action. This is encouraging as now I am positive they will never come to an agreement among themselves. However, I don't believe it will just fade away into some weird Dominican oblivion, so meantime we carry on without going forward.
