bahamiangoddess
06-11-08, - 10:10 AM
June 11th, 2008
Feud Brews Between Deceased Businessman’s Children and Widow
BY VANESSA C. ROLLE
FREEPORT, Grand Bahama – It has been nearly two years since the mysterious death of the Queen's Cove developer Preston Stuart. Now, a feud is brewing between his widow Nicole Stuart and his daughter from his first marriage, Monique Stuart.
Mr. Stuart's wife is challenging what is purported to be her husband's will, in which he left his assets to his children from that first marriage.
It was reported that shortly before his death in 2006 Mr. Stuart put all of his considerable assets in the name of his daughter, Monique, who was an executive of Grand Bahama Taxi Company, one of Mr. Stuart's businesses.
He also owned, Legend’s Sports Bar and First Atlantic Realty.
Attorneys Thomas Evans and Khalilal Dorsette represented Mr. Stuart’s widow before Supreme Court Justice Estelle Evans during the first hearing on Monday, while Damian Gomez represented Monique Stuart.
Chris Gouthroe represented, Kevin Seymour, a receiver of the estate who was appointed in 2006.
The attorneys representing Mr. Stuart’s widow allege that the will was derived by fraudulent means and that Mr. Stuart’s signature was forged.
Mr. Evans noted that there was a major difficultly with his case as he received information from a doctor in Florida that one of his witnesses, a handwriting expert, Anthony McColoney, was very ill – suffering from congestive heart failure and pneumonia.
He said the doctor’s letter confirmed that he has to use an oxygen mask 24 hours a day, and that he was unable to travel to The Bahamas for this trial at this time.
Hence, Mr. Evans asked the court to adjourn the matter as he wanted the witness to be cross-examined, and he wanted the judge to hear his testimony in person.
He did not want the case to rely solely on Mr. McColoney's sworn affidavit.
Mr. Gomez argued that this is one of the risks involved with litigation – that witnesses could die, become ill or be otherwise unavailable at the time of trial.
He suggested that Justice Evans could try the case using the affidavits.
He said this case was a matter of urgency and that in light of the predicament the court system is in, the case might not be heard until next year.
Mr. Gomez also noted that another handwriting expert, Curtis Baggett from Texas, whom Mrs. Stuart also requested, was available to testify on Monday.
However, Mr. Evans said that this particular witness had given contrary reports and he could not rely on this witness alone to support his case.
Mr. Gomez also asked the court to discharge the assets to one of Mr. Stuart’s relatives, which he said would be cheaper for the estate than receivership.
Justice Evans said when dealing with experts, she prefers to see them in person and that is the reason why she was adjourning the matter.
She said that she was also minded not to discharge the receiver.
The matter was adjourned to September 8, 2008.
Mr. Gomez said there are other questions that need to be answered by the receivers of the estate with respect to Mr. Stuart’s life insurance policies.
He questioned whether the estate would be entitled to prejudgment interest, and what the sum due on the mortgage debt – which the estate owes to ColinaImperial Insurance Co. Ltd. – would be.
Mr. Gomez also questioned whether the estate is liable to pay ColinaImperial funds reportedly owed to the company.
Mr. Gomez said that without the opinion on these questions, the judge would not be in a position to determine whether a proposed settlement is in the best interest of the estate.
Mr. Evans agreed that there should be an opinion from a lawyer and not a receiver.
"There are some concerns we have…whether or not the estate is liable to pay interest to Colina. There is a situation where Colina owes money to the estate and the estate owes money to Colina. It’s a million-dollar question that needs to be examined," he said.
Mr. Gouthroe, the receiver’s attorney, said there is also a concern whether the interest on the policies should be six and a half percent instead of four percent, which he said Colina is offering.
He later produced a letter he said he received from Mr. Gomez last week Thursday, in which Mr. Gomez indicated that Senior Justice Anita Allen had ordered that Colina pay six and a half percent interest.
Mr. Gouthroe asked Mr. Gomez to produce the order.
Mr. Gomez responded that he is waiting to receive signatures from Alexiou Knowles and Co. to this end, adding that Colina is appealing another segment of the said order.
He said from all accounts, it seems as if Colina is agreeing to pay the six and a half percent.
After he was reported missing in July 2006, Mr. Stuart’s body was found in his car, which had plunged in a canal in Queen’s Cove.
A former journalist, Mr. Stuart first came to Grand Bahama in 1969 as head of the Ministry of Tourism's local office.
At an event held by The Bahamas Golf Federation (BGF) and the Bahamas Professional Golfers Association in honour of Mr. Stuart in 2006, he was described as a legend and a man of distinction by many of those who knew him.
He was also described as an outstanding golfer, sportsman and businessman. Additionally, he was described as a caring father and grandfather.
Mr. Stuart, who was involved in Junkanoo, softball, golf, baseball and basketball.
Feud Brews Between Deceased Businessman’s Children and Widow
BY VANESSA C. ROLLE
FREEPORT, Grand Bahama – It has been nearly two years since the mysterious death of the Queen's Cove developer Preston Stuart. Now, a feud is brewing between his widow Nicole Stuart and his daughter from his first marriage, Monique Stuart.
Mr. Stuart's wife is challenging what is purported to be her husband's will, in which he left his assets to his children from that first marriage.
It was reported that shortly before his death in 2006 Mr. Stuart put all of his considerable assets in the name of his daughter, Monique, who was an executive of Grand Bahama Taxi Company, one of Mr. Stuart's businesses.
He also owned, Legend’s Sports Bar and First Atlantic Realty.
Attorneys Thomas Evans and Khalilal Dorsette represented Mr. Stuart’s widow before Supreme Court Justice Estelle Evans during the first hearing on Monday, while Damian Gomez represented Monique Stuart.
Chris Gouthroe represented, Kevin Seymour, a receiver of the estate who was appointed in 2006.
The attorneys representing Mr. Stuart’s widow allege that the will was derived by fraudulent means and that Mr. Stuart’s signature was forged.
Mr. Evans noted that there was a major difficultly with his case as he received information from a doctor in Florida that one of his witnesses, a handwriting expert, Anthony McColoney, was very ill – suffering from congestive heart failure and pneumonia.
He said the doctor’s letter confirmed that he has to use an oxygen mask 24 hours a day, and that he was unable to travel to The Bahamas for this trial at this time.
Hence, Mr. Evans asked the court to adjourn the matter as he wanted the witness to be cross-examined, and he wanted the judge to hear his testimony in person.
He did not want the case to rely solely on Mr. McColoney's sworn affidavit.
Mr. Gomez argued that this is one of the risks involved with litigation – that witnesses could die, become ill or be otherwise unavailable at the time of trial.
He suggested that Justice Evans could try the case using the affidavits.
He said this case was a matter of urgency and that in light of the predicament the court system is in, the case might not be heard until next year.
Mr. Gomez also noted that another handwriting expert, Curtis Baggett from Texas, whom Mrs. Stuart also requested, was available to testify on Monday.
However, Mr. Evans said that this particular witness had given contrary reports and he could not rely on this witness alone to support his case.
Mr. Gomez also asked the court to discharge the assets to one of Mr. Stuart’s relatives, which he said would be cheaper for the estate than receivership.
Justice Evans said when dealing with experts, she prefers to see them in person and that is the reason why she was adjourning the matter.
She said that she was also minded not to discharge the receiver.
The matter was adjourned to September 8, 2008.
Mr. Gomez said there are other questions that need to be answered by the receivers of the estate with respect to Mr. Stuart’s life insurance policies.
He questioned whether the estate would be entitled to prejudgment interest, and what the sum due on the mortgage debt – which the estate owes to ColinaImperial Insurance Co. Ltd. – would be.
Mr. Gomez also questioned whether the estate is liable to pay ColinaImperial funds reportedly owed to the company.
Mr. Gomez said that without the opinion on these questions, the judge would not be in a position to determine whether a proposed settlement is in the best interest of the estate.
Mr. Evans agreed that there should be an opinion from a lawyer and not a receiver.
"There are some concerns we have…whether or not the estate is liable to pay interest to Colina. There is a situation where Colina owes money to the estate and the estate owes money to Colina. It’s a million-dollar question that needs to be examined," he said.
Mr. Gouthroe, the receiver’s attorney, said there is also a concern whether the interest on the policies should be six and a half percent instead of four percent, which he said Colina is offering.
He later produced a letter he said he received from Mr. Gomez last week Thursday, in which Mr. Gomez indicated that Senior Justice Anita Allen had ordered that Colina pay six and a half percent interest.
Mr. Gouthroe asked Mr. Gomez to produce the order.
Mr. Gomez responded that he is waiting to receive signatures from Alexiou Knowles and Co. to this end, adding that Colina is appealing another segment of the said order.
He said from all accounts, it seems as if Colina is agreeing to pay the six and a half percent.
After he was reported missing in July 2006, Mr. Stuart’s body was found in his car, which had plunged in a canal in Queen’s Cove.
A former journalist, Mr. Stuart first came to Grand Bahama in 1969 as head of the Ministry of Tourism's local office.
At an event held by The Bahamas Golf Federation (BGF) and the Bahamas Professional Golfers Association in honour of Mr. Stuart in 2006, he was described as a legend and a man of distinction by many of those who knew him.
He was also described as an outstanding golfer, sportsman and businessman. Additionally, he was described as a caring father and grandfather.
Mr. Stuart, who was involved in Junkanoo, softball, golf, baseball and basketball.