By Jacqueline Dennis
MONROVIA – The Supreme Court of Liberia has reversed the ruling of the Sixth Judicial Circuit Civil Law Court concerning a property case related to the intestate estate of the late William Thomas Bernard and his widow, Danilette Tucker Bernard, the land is situated where the headquarters of the Congress for Democratic Change (CDC) is located.
The High Court said that the trial judge erred in concluding that the property reverted entirely to Danilette Tucker Bernard. The ruling stated that the judge also made an error by failing to set aside the verdict of the trial jury.
The supreme court said, that it is the law that an estate by the entirety confers the right of survivorship on the surviving husband or wife, however, upon the dissolution of the marriage, said estate becomes an estate in common and extinguishes such right of survivorship, and entitles both parties to equal shares;
The high court ruled and said ,that in the instant case, the allegation by the appellee that William Thomas Bernard and Danielette Tucker Bernard jointly acquired 12.92 acres of land while married and that upon their divorce and the subsequent death of William Thomas Bernard the 12.92 acres reverted to Danielette Tucker Bernard upon the principle of sole survivorship, the trial court erred in its determination that the property reverted to Danielette Tucker Bernard in its entirety;
“That the record revealed that the certified copy of the appellee’s deed issued in 2018 and attached to the appellee’s complaint pointed to various legal and factual inconsistencies, the trial judge was in error when he failed to set aside the verdict of the trial jury,
The Judgement Maintained, that” moreover, the dissolution of the marriage by Danielette and William T. Bernard, Sr rendered the property a tenancy in common, and entitled each of them to 6.46 acres of the said 12.92 acres of land presumed to be jointly owned by them; hence, Martha Stubblefield Bernard, was properly deeded the 4.23 acres of her deceased husband’s property, on which their marital home and surrounding buildings are situated in a fence, having exercised the rights of first refusal to purchase their marital home upon election to do so”
The court noted that William Thomas Bernard and Danilette Tucker Bernard jointly acquired 12.92 acres of land during their marriage. Following their divorce and the subsequent death of William Thomas Bernard, it was concluded that the 12.92 acres did not revert to Danilette Tucker Bernard based on the principle of sole survivorship.
Records indicated that the certified copy of the appellee’s deed issued in 2018, which was attached to the appellee’s complaint, contained various legal and factual inconsistencies
