arranging a home at the resort for his wife to live in after his death, a civil hearing heard.

Thaddeus Trott was receiving treatment for cancer before his October 1997 death, when he made the decision, according to current Cambridge Beaches managing director Mike Winfield.

Mr. Winfield told Puisne Judge Norma Wade-Miller that he attended the hospital every day during Mr. Trott's illness and would receive instructions for his business and personal affairs.

"When Mr. Trott was in hospital, I asked him about matters, specifically the agreement and lease, and he advised me he did not wish to proceed,'' said Mr.

Winfield. "He gave me instructions.'' Earlier, the hearing was told about a meeting where Mr. Trott ordered that a lease be drawn up for his wife, Roberta, for her to live in a cottage at the Sandy's resort after his death.

The lease never came to fruition, and following his death, Cambridge Beaches and Frascati Hotel Co. tried to gain possession of All Spice cottage.

Mrs. Trott, who married the businessman and hotelier in 1990, refused to leave the cottage and at one point was arrested on allegations that she had trespassed onto the cottage colony itself.

Now, plaintiffs Cambridge Beaches and Frascati are fighting a legal battle to re-gain the cottage and also claim $224,856 in damages.

At one point during his illness, Mr. Trott asked his son, Christopher Trott, and Mr. Winfield to act as medical power of attorney, as he had concerns about being moved from Bermuda during his illness.

"He was concerned about possible confusion. He did not wish to leave Bermuda and believed that his son and myself would tend to his interests. Further, he had no idea whether his wife would come to Bermuda or not.'' Lawyer Christian Luthi, acting for the plaintiffs, asked Mr. Winfield about difficulties surrounding the health care given to Mr. Trott.

The witness replied: "There had been a great deal of distress and confusion amongst Thaddeus Trott's health care providers over apparent instructions, demands and comments from Roberta Trott.'' But, after Mr. Winfield had described how Mr. Trott said he did not want to go ahead with a lease for his wife, lawyer Georgia Marshall claimed he may have had hallucinations whilst being given medication.

And, she said, at one point he was not in a fit state to consider business matters.

"Thaddeus Trott was not in the most lucid of states,'' she said. "He was not in any condition to turn his mind to business matters or to matters relating to the lease -- he was a very sick man,'' she said.

Mr. Winfield replied: "He was certainly very unwell, but was, for the much of the time capable of dealing with such matters.'' The case continues.