PETER COSQUIERI Vs. MAGDALENA FORMENTO

JUDGEMENT

(1.) This appeal, which is brought from a judgment of the Supreme Court of Gibraltar, raises a short question of construction arising upon an obscure passage of the will of Angel Costa, a native of Gibraltar and British subject, who will be referred to as "the testator."

(2.) The testator, who died on 29 August 1945, was at his death possessed of certain premises known as 127, Main Street, Gibraltar, which consisted of a shop on the ground floor with living accommodation above. By a lease dated 18 June 1927, these premises had been leased to a firm named Cosquieri and Co., for a term of 14 years from 18 June 1927, at a rent of L ? 30 per month, the lessees paying in addition all Sanitary Purposes Rates and Water Rates which might during the term be assessed, charged or imposed upon the premises. After the term had expired the firm remained in occupation of the premises paying the said rent (subject to a wartime deduction pursuant to Ord. No. 20 of 1941) up to the death of the testator. The firm of Cosquieri and Co. consisted of two partners, the appellant, Peter Cosquieri, and the respondent, Joseph Fernandez, and had been established just before the date of the lease by a partnership deed of 11 June 1927. The firm carried on its business of ironmongers and general merchants in the shop part of the premises, the living accommodation being sub-let at some date which does not appear to the appellant personally. His sub-tenancy was still in existence at the testator's death. The receipts for the rent of the premises when given by the testator personally were in favour of the firm.

(3.) The testator made his last will on 2l August, 1944, one year before his death. By it he appointed as his executors George Gonzalez, his friend Ernest J. Guetta and the appellant, whom he described as "likewise my friend," and after various bequests and directions gave the direction which has given rise to the present dispute in the following terms : "I direct that the rent of the house which Mr. Peter Cosquieri occupies be not increased nor his rent be increased in any manner nor notice to quit be given to him so long as he shall pay punctually the rents stipulated in the contract. When rents revert to normal this will be as stipulated ?30 per month and payment by him of the Rates and Water according to the contract, with option to its renewal if he so desires on equal circumstances and the house shall not be ceded to anyone and let he and his sons have the right to occupy the house and shop."