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Judgement expected soon to see if widow can remain in house

A judgement is expected soon which will decide whether the widow of a Bermudian businessman can remain in the home she shared with her husband.

Puisne Judge Norma Wade Miller is expected to make her decision shortly after the case, between West End cottage colony Cambridge Beaches and Roberta Trott, concluded yesterday.

Mrs. Trott, the widow of former Cambridge Beaches president Thaddeus Trott, is fighting to stay in the home she shared with her husband until his death in 1997.

Cambridge Beaches and co-plaintiffs Frascati Hotel Company are seeking possession of the home, "All Spice'' cottage, which they say Mrs. Trott should have vacated by February, 1998.

And they are seeking $224,856 in damages for lost revenue they claim they could have made in renting the property out to hotel guests.

Lawyers gave their final submissions in the hearing this week, which started last September and was adjourned until February. Mrs. Justice Wade Miller reserved her judgement.

The case centres on the existence of a lease for Mrs. Trott to continue to live at the cottage after the death of Mr. Trott, who was suffering from cancer.

A draft lease was drawn up but was never executed. And previous evidence stated that while in hospital, Mr. Trott changed his mind and said he did not want the lease finalised.

But lawyer Georgia Marshall, acting for Mrs. Trott, argued that at one point during his illness, Mr. Trott was not capable of considering business matters.

During the hearing, witness Dr. Roderick Moore said that as his condition worsened, he became intermittently confused but was also lucid at times.

But Christian Luthi, acting for the plaintiffs, asked why, if there was a lease in existence, had Mrs. Trott not paid any rent.

Mrs. Trott replied: "Can you show me where the lease exists?'' Mr. Luthi said it was Mrs. Trott's case that a lease did exist and he asked if it was a condition of the agreement that she did not have to pay rent.

She replied that no bill had been received and she didn't know how much it would have been in any case.

At one point after Mr. Trott's death, Police arrested Mrs. Trott at Cambridge Beaches pool side for trespass -- after she had been barred from the property apart from the cottage. The case is still pending before Magistrates' Court.