The Monthly and Probate Court at the Temple of Justice presided over by Judge J. Vinton Holder has ordered the Clan Chief of Todee Town, Montserrado County Stephen Gobah to halt sale of estate properties of the late James Francis Cooper, lying and situated in Caresyburg and Todee districts, respectively.
The court in its 19th session, said the informant, an Administrator of the Intestate Estate of the late Aaron E. Cooper filed a five-count Bill of Information on May 9, 2019 along with the last Will and Testament of the late James Francis Cooper, informing the Court that the Respondent as Administratrix of the Testate Estate of the late James Francis Cooper has been receiving benefits from the Estate to the exclusion of informant and his siblings.
The Court document notes that informant relied on clause 17 of the last Will and Testament of the late Cooper which states that, “All the rest and residue of my Estate, real, personal and mixed wheresoever found and of whatever it may consist, I give bequeath and devise unto my hairs, share alike to them and theirs forever”.
The Informant then informed the Court to ensure that he and his siblings benefit from the residues of their late Grandfather, James Francis Cooper.
But the Respondent, the Court record disclosed, filed a seven-count resistance and prayed the Court to deny and dismiss in its entirety forever informant’s Bill of Information. The Respondent in her resistance attached a 1966 Ruling from the Honorable Supreme Court of Liberia in which the father of informant received a certain amount as his benefit and as such, the informant is not entitled to any benefit.
However, the Monthly and Probate Court issued several Assignments to hear said Bill of Information but the Respondent or her lawyer failed to appear and Counsel for informant prayed the Court to grant unto his client a judgment by default primarily because of the failure of the Respondent and Counsel to appear, a request that was granted by the Court.
The Court: Wherefore and in view of the foregoing, the informant requests to benefit from the residue of the Testate Estate of the late James Francis Cooper is hereby granted and the cost of these proceedings is hereby ruled against the Respondent.”
A Clerk’s Certificate under the signature of Edwin S. Boimah, Sr. Clerk, Monthly and Probate Court, dated 4th September 2020 and issued in ref: The Intestate Estate of the Late James Francis Cooper reads: This is to certify that upon careful perusal of the records in the above caption Estate file to ascertain as to whether the Respondent’s Counsel has filed its Bill of Exceptions to the Court judgment since 29th July 2020, and Exceptions Noted on the minute of Court, the Respondent has failed to file its Bill of Exceptions within the statutory period of ten (10) days; hence, this Clerk’s Certificate shall constitute your legal authority.
By Emmanuel Mondaye–Editing by Jonathan Browne