Charles v. Barzey [

2002] UKPC 68

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Nature of the Case

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Facts

Iris owned several properties. Two were in Cork Street, Roseau. One was No 9, where she was living at the time of her will. The other was No 18, which was a dwelling house together with what was described in her will as an 'addition' consisting of a garage and storeroom. Both the house at No 18 and the garage and storeroom were registered in the Register of Titles in Dominica as a single lot and held under the same certificate of title. She left No 9 Cork Street to John Charles (D) absolutely. The devise of No 18 was in these words: 'I hereby give and bequeath to my niece, Mrs. Yvette Barzey (P) my house and lot at 18 Cork Street, Roseau, Dominica. The addition to the house where the garage and storeroom is located I give to my nephew D to be used by him as long as he wishes.' P is the sister of D. P claimed an unencumbered freehold interest in the whole registered title, and D took nothing. P sought a declaration to this effect and an order that she be registered with an unencumbered title. The court held that clause 4 meant that P was to take the fee simple in No. 18 subject to a life interest in the garage and storeroom given to D. P appealed to the Court of Appeal.