039 – The Matter of the Estate of Emilius Darrell

Emelius Daniel Darrell (”the Deceased”) owned several Southampton Parish properties which were inherited by his son, George Wellington Darrell, and, upon his death, by his son, John Nathaniel Darrell. One of the properties is the current location of Heron Bay School [now Heron Bay Primary School].  Cynthia Fishington (“the Claimant”), daughter of George William Darrell and granddaughter of the Deceased claimed that prior to the full development of Heron Bay School, there was on the lot as an existing building which was used as a school for black children. The Claimant asserted that the Deceased handed over the building and the land on which it sat to the Bermuda Government, but he did not convey any additional property to Government for the full development of the school.

The Claimant maintained that in addition to the Deceased donating the original building to Government, he also allowed the use of additional land for a playing field. However, in 1977 the Government extended the school grounds and proceeded to bulldoze further into the land on the south side of the original playing field.  John Wellington Darrell objected to this development and despite his objection, Government extended the playing field. Other properties that formerly comprised part of the Deceased’s estate are also part of the claim heard by the COI.

John Nathaniel Darrell, grandson of the Deceased, carried on the legal battle against Government through the years and did everything possible to retain ownership of the various properties formerly owned by his grandfather. He spent countless hours and a great deal of money fighting legal battles against the Government with the legal matters still unresolved.

Note: Portions of this matter were held in-camera in accordance with item 7 of the COI Rules of Procedure and Practice thusly the evidence, audio & video recordings, transcripts and documentation associated with those hearings have been deemed confidential unless explicitly referenced inside the COI Final Report. Information on how to access these files can be found with the Archivists at the Bermuda Archives.

Evidence Tendered

JT-1 Witness Statement of JUDY MAKESE TEART
CS-1 Submission from Cathy Stovell - Historic Land Losses Enquiry
DM-1 Receipts Page containing 5 receipts
DM-2 Letter Entitled Misuse of Name Benjamin Darrell dated 19_11_1997
DM-3 Letter entitled "the Cake Judgement" dated 5 Jun 2004
DM-4 Summary by C.H.B. Crisson
DM-4(a) CHB Crisson Plan 30981 dated 6 Feb 1995
DM-5 Plan of Land - Southampton Parish Heron Bay School
DM-6 Robert H. Clarke Plan dated 10 Nov 1932
DM-9(c) Letter dated 10 May 2005
DM-13(c) Letter dated Nov 26 2004
DM-14(c) Letter dated 7 May 2004
HT-1 Birth Certificate of Emilius Darrell
HT-2 Birth Certificate of George Wellington Darrell
HT-3 Death Certificate of Emilius Darrell
HT-4 Death Certificate of George Darrell
HT-5 Heads of Mortgage, 17 Dec 1885
HT-6 Southampton Parish Vestery Records from Land title registry 19 Jan 1939
HT-7 Freeholders registry
HT-8 Valuation List, Bermuda 1972
HT-9 Power of Attorney (Ministry of Labour & Home Affairs)
HT-10 Will of George Wellington
HT-11 Deed of Confirmation (1991)
HT-12 Mid-Ocean Article dated Oct 25, 2002
HT-13 Memorandum dated June 5, 2001
HT-15 Letter from DPP to Commissioner of Police 13 Aug 2001
HT-16 Letter to Saul Froomkin (AG) from John Darrell in The estate of E. Darrell (4 Aug 86)
HT-17 Letter to Minister of Works - Housing for John Darrell dated 23 Oct 1985
HT-18 Letter to The Governor "To Hell with the Queen" 25 May 1987
HT-19 Letter head Bank of Butterfield Ltd addresses to John N. Darrell
HT-20 Parish Vestry Receipts
HT-21 Supreme Court of Bermuda Civil Jurisdiction between John Darrell and Minister of Works Statement of Claim
HT-22 Supreme Court 1978 - Minister of Public Works vs John Darrell
HT-23 John Darrell blocking road of Riveira Estate Road (1987)
HT-24 Letter from Appleby Sperling to George Wellington Darrell
HT-26 Civil Rights (UK) 27 Feb 1990
HT-27 Letter Addressed to Rudy Narayan From Chief Justice Chambers
HT-28 Newspaper Article "Darrell Family Clears the Road" 23 Jun 1989
HT-29 Letter from Walter Robinson Lawyer 17 Jun 1963
HT-30 Indenture 11 March - George Williams, Gerald Simmons and Walter Robinson
HT-31 Darrell Family Presentation