015 – The Matter of the Estate of John Augustus Alexander Virgil

Mrs. Barbara Brown, Mr. Charles Brown and Mr. George Brown (“the Claimants”) submitted a claim on behalf of the beneficiaries of the Estate of John Augustus Alexander Virgil.

The Claimants allege that approximately seven (7) acres of land divided between an area described as the northern and southern portions of Spring Benny Road, Spring Benny Drive and Spring Benny Lane had been owned by the Virgil family since 1885. Regarding the southern portion, the Claimants do not agree that the purchaser, Eric Arthur Jones, family friend and family lawyer, purchased a portion from John Augustus Alexander Virgil (the testator). They claim Eric Jones unlawfully acquired the land by undue influence as no evidence exists to confirm a sale or transfer of the property on 24th January, 1962.  Regarding land in the northern portion, comprising approximately four (4) of the seven (7) acres, they allege that a fraudulent scheme was engineered and facilitated by major players who conspired to dispossess John Augustus Alexander Virgil and his beneficiaries. One of the conclusions drawn by the Claimants is that the 1962 transaction for the southern portion (Eric Jones) and the 1969 transaction for the northern portion (John Swan) are both rooted in fraudulent and illegal actions, consequently all related transactions thereafter lack legal credibility and do not meet the legal standard for a property transaction. Additionally, they conclude that Eric A. Jones, the Virgil’s family lawyer, conspired with cousin, John Alfred Virgil, and Robert Motyer from Appleby to defraud John Augustus Alexander Virgil of his 4 acres of land in Spring Benny. The Claimants submit that it was a “scheme to take advantage of an unsuspecting client that owned land”. The Claimants argue that money, muscle and power dictated the outcome of the Virgil family being dispossessed of their land.

The Claimants on behalf of the beneficiaries reject claims of ownership to the eight (8) lots in the northern section, in spite of possession and title being vested in the occupants, in some cases as much as fifty years ago. They ground their claim on the basis that they are still in physical possession of the original deeds to the land in the northern portion in question. Most importantly, the Claimants submit that there is no reliable documentation to support a legal transfer of any land from John Augustus Alexander Virgil during this timeline.

The beneficiaries through the Claimants argue that they are entitled to justice and compensation for being victims of this scheme.

Evidence Tendered

BB-1: Statement of Barbara Brown
BP1 & BP2: Docufraud Canada Report
CA1-015: Carlton Adams Report of Brown Submission
CNLB-1: Opening Statement of Claimants
CNLB-2: Schedule of Evidence by Tab Number
CNLB-3: Letter from Mr. George Brown to the Commission of Inquiry June 1 2020
CNLB-4: Brown Family Presentation
CNLB-5: Bermuda Caribbean Report
CNLB-6: Last Will and Testament of John Augustus Virgil dated 21 May 1964
CNLB-7: Schedule of Evidence by Letter or Tab Reference Number
CNLB-8: Bank of Butterfield Executor and Trustee Limited 1 November 1978
CNLB-10(ii): From G.W. Young to Samuel David Robinson 13 November 1880
CNLB-10(iii) - Samuel D. Robinson and John Augustus Virgil 18 June 1885 Conveyance of a Parcel of Land
CNLB-10(iv): Mortgage Augustus Virgil and his Wife to Henry Robert Hurst
CNLB-10(v): Letter dated 25 July 1896 from Augustus Virgil to David Trimingham
CNLB-10(vi): Mortgage Augustus Virgil and wife to Carrie Lloyd Griset 30 August 1924
CNLB-10(vii) - Assignment of Mortgage Carrie LLoyd Griset to Roderick Alexander Ferguson 12 November 1926
CNLB-10(viii): Reconveyance
CNLB-11: Memorandum- An Indenture recorded 7th April 1969
CNLB-12: Department of Planning PLNS-1180 Oct. 19, 1976
CNLB-12(a): Plan of Subdivision Lot 4 March 1968
CNLB-12(b): R. Levi Pearman Application to Central Planning Authority
CNLB-13: Letter dated 19 Feb 1969 - Moyter to David Wilkinson
CNLB-14: Bermuda Police Statement of Witness John Emmanuel Augustus 25th October 1976
CNLB-15: Statement of Algernon Doers dated 26th November 1975
CNLB-16: To Commissioner of Police Complaint regarding Estate of John Augustus Virgil 7th February 1976
CNLB-17: Charles Brown Fraud Statement and Notes
CNLB-18: Letter from Land Title Registry Office
JS-1: Certified deed from the book of deeds
JS-2: Supreme Court 1982 No. 252 John A. Virgil
JS-3: Supreme Court 1990 No. 226
JS-4: Supreme Court 1998 No. 60
JS-5: Court of Appeals 1998 No. 16
JS-6: Supreme Court 2001 No. 435