Hall v. Hall
United States District Court for the District of the Virgin Islands, St. Thomas and St. John Division
December 20, 2012, Filed
Civil No. 2011-54
(December 20, 2012)
Before the Court is the motion, filed by Ethlyn Louise Hall, individually and as Trustee of the Ethlyn Louise Hall Family Trust, for reconsideration of the Court's March 29, 2012, order dismissing this matter for lack of subject matter jurisdiction.
I. FACTUAL AND PROCEDURAL BACKGROUND
At all material times, until approximately April 19, 2002, Ethlyn Louise Hall (“Mrs. Hall”) was the owner of the plot of land known as Parcel 17, Estate Peter Bay, St. John, U.S.V.I. (“the Property”). On or about April 19, 2002, Mrs. Hall subdivided the Property into seven separate sub-plots, Parcels 17-1 through 17-7. Mrs. Hall transferred ownership of certain of the plots to her children and grandchildren as gifts. Specifically, she executed a Deed of Gift, granting to her son, Attorney Samuel H. Hall, Jr. (“Attorney Hall”) , the real property described as:
Parcel No. 17-5, Estate Peter Bay, No. 2aa Maho Bay Quarter, St. [*2] John, U.S. Virgin Islands consisting of 1.161 acre, more or less.
(“Parcel 17-5”). She also made the following gifts:
Parcel 17-2 to her daughter, Elisa Hall;
Parcel 17-4 to her daughter, Phyllis Hall Brin; and
Parcel 17-6 to her granddaughter, Yassin Hall Young.
(“the Gifts”). Attorney Hall represented his mother in the aforementioned transactions, drawing up the legal documents to accomplish the gifts and recording the same.
From April 19, 2002, until approximately December 15, 2010, Mrs. Hall was the owner of the plot of land known as Parcel 17-7, Estate Peter Bay on St. John, U.S. Virgin Islands (“Parcel 17-7”).
On January 24, 2003, Mrs. Hall, as landlord, entered into a Ground Lease (the “2003 Ground Lease”) with Andrews St. John Trust (“Andrews”), as tenant. The lease was drafted by Attorney Hall. Pursuant to the 2003 Ground Lease, Mrs. Hall leased Parcel 17-7 to Andrews for a period of fifty years. The lease provided that Andrews was to design and build two [*3] cottages at Andrews's expense. One cottage was to be built on Parcel 17-6 (the “17-6 Cottage”). It would be owned by Yassin Hall Young. The other cottage was to be built on Parcel 17-4 (the “17-4 Cottage”). It would be owned by Phyllis Hall Brin.Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.
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2012 U.S. Dist. LEXIS 180223 *; 2012 WL 6634411
ETHLYN LOUISE HALL, Individually, and ETHLYN LOUISE HALL, as TRUSTEE of the ETHLYN LOUISE HALL FAMILY TRUST, Plaintiff, v. SAMUEL H. HALL, Jr. and HALL & GRIFFITH, P.C., Defendants.
Subsequent History: Motion denied by Hall v. Hall, 2013 U.S. Dist. LEXIS 112879 (D.V.I., Aug. 9, 2013)
Later proceeding at Hall v. Hall, 2014 U.S. Dist. LEXIS 136887, 2014 WL 4811416 (D.V.I., Sept. 29, 2014)
Motion denied by, Motion for new trial granted by, Motion denied by, in part, Costs and fees proceeding at Hall v. Hall, 2016 U.S. Dist. LEXIS 195020, 2016 WL 8650484 (D.V.I., Mar. 30, 2016)
Appeal dismissed by Hall v. Hall, 679 Fed. Appx. 142, 2017 U.S. App. LEXIS 2408, 2017 WL 541403 (3d Cir. V.I., Feb. 10, 2017)
Magistrate's recommendation at, Costs and fees proceeding at Hall v. Hall, 2017 U.S. Dist. LEXIS 46209 (D.V.I., Mar. 24, 2017)
Motion denied by Hall v. Hall, 2017 U.S. Dist. LEXIS 47378 (D.V.I., Mar. 30, 2017)
Motion denied by, Costs and fees proceeding at Hall v. Hall, 2018 U.S. Dist. LEXIS 45501, 2018 WL 1414842 (D.V.I., Mar. 20, 2018)
Question certified by Hall v. Hall, 2018 U.S. Dist. LEXIS 53221 (D.V.I., Mar. 29, 2018)
Prior History: Hall v. Hall, 2012 U.S. Dist. LEXIS 206256 (D.V.I., Mar. 29, 2012)
Lease, citizenship, fiduciary, Cottage, diversity, reconsideration, gifts, reimburse, nominal