The possibility for family members of the late Edward Fayiah Cassell to take possession of his estate appear not to happen soon, only if the Monthly and Probate Court were, on today, Friday, April 15, to accept the argument to reconsider his recent ruling that awarded them the property.
Judge Holder on February 26, of this year, ruled that Marron Dweh Cassell, Duvil Cassell and Beatrice K Johnson, by the petitioner, lacked the capacity to sue the late Cassell’s sibling, George Popeh, Thomas Popeh, and Norah Popeh and that his court cannot acquire jurisdiction over the parties of the petitioners.
Mrs. Marron Dwah Cassell, wife of the late Edward Fayiah Cassell, and Duvil Cassell, both of who live in the United States of America, filed the petition seeking a rehearing of the case by the same Judge Vinton Holder.
In the petition, Marron and Duval argued that judge Vinton Holder made a reversible error, when he denied their argument that the late Cassell did not give any legal authority to George Popeh, Thomas Popeh and Norah Popeh, believed to be biological relatives of the deceased to manage his intestate estate, while they were residing in the US, and he can correct.
In his earlier judgment, Holder said, Marron Dwah Cassell and Duvil Cassell are not eligible to be appointed as administratrix and administrator on account of their having been non-domiciliary and that Beatrice K. Johnson is also not qualified as against the blood brother and sister of the deceased on ground that she is only a cousin to the family.
Besides, Judge Holder added that the lawyers who filed the lawsuit on behalf of the Cassells did not obtain valid power of attorney when they instituted the action, “Therefore, the court was legally correct when it took into consideration the issue of capacity and jurisdiction in dismissing the motions to strike and revocation of letters of administration,” Judge Holder now challenged judgment added.
Normally, when a case is ruled against a party, by the law the losing party is clothed with the legal authority to seek a judicial review by the Supreme Court. However, the Cassells are now asking Judge Holder to reconsider and vacate his earlier judgment.
The question remains to be answered today — will Judge Holder agreed to reverse his judgment?
In counterargument, the Popeh had repeatedly said, that they are blood relatives (brother and sister) to the Late Edward Fayiah Cassell and that the petitioner, Mrs. Marron Dwah Cassell, wife of the late Edward Fayiah Cassell, abandoned their relative or her marital home for 14 years up to and including his death and therefore,lack the capacity of challenging the authority of the respondents’ letters of administration.
The case grew when Cllr. McDonald Garnett filed on behalf of Marron Dwah Cassell petition for letter of administration on April 8, 2020, as well as a petition for revocation of the Letter of administration issued to George Popeh on September 7, 2020. It also observed that Marron Dwah Cassell issued what she referred to as a letter confirming engagement for legal services, claiming same to be power of attorney on September 29,2020
That the late Edward Fayiah Cassell and Mrs. Marron Dwah Cassell got wedded on October 18, 1997, and Cassell died on April 6, 2020, leaving no Will and Testamentary, no heirs on his body, no mother and father, no sister and brother, only his surviving spouse, Mrs Marron Dweh Cassell and two biological cousins, Beatrice K.Johnson and Duval Cassell.
That the power of attorney that named George Popeh as brother and was used to obtain the letter of administration by George, Thomas Popeh and Norah Popeh is illegal, false and fradulent, because George signed the late Edward Fayiah Cassell and Beatrice K. Johnson signature on that Power’of attorney.
They argued that Marron Dwah Cassell is the surviving spouse to the Late Edward Fayiah Cassell and Beatrice K Johnson and Duval Cassell are his two biological cousins, and they have obtained the letter of administration from the very Monthly and Probate Court for Montserrado County.
They further argued, “how long could a married woman stay out of the country, with the consent of her husband is no family members or friends business?” In counterargument, the Popeh lawyers said, that if the letter of confirming engagement for legal services was a power of attorney, it could not have given Cllr Garnett the capacity to sue on ground that same was issued five months,21 days of the petition Letter of administration and 22 days the petition for revocation of letters of administration.
They argued that the lawyer for Marron Dweh Cassell, the late Cllr. Samuel R. Clarke and Garnett, did not obtain a power of attorney form Marron Dweh Cassell before instituting or filing the compliant for accounting against George Popeh nor was he in possession of a valid letter of administration issued in favor of Marron Dweh Cassell.
Consequently, Cllr. Clarke did not have the capacity to sue in the first place and that Marron Dwah Cassell, on the other hand, did not have the capacity to sue as administrix on ground that she was not in possession of a valid letter of administration at the time the compliant in accounting as well as the petition for revocation were filed.
As a result of the lack of capacity of both Marron Dweh Cassell and Cllr Clarke to sue the court therefore was acquire jurisdiction over the parties of the movants.
They argued that the letter of administration was issued and probated in the United States of America, where both parties have been for the past ten years or more years, while Beatrice K Johnson, according to Marron Dweh Cassell own power of attorney is a cousin and Duvil Cassell is nephew to the deceased.