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The fractious and contentious saga surrounding the founder of both the ATL Group and Sandals Resorts, Gordon ‘Butch’ Stewart ’s Will, has been an impediment to the running of the companies that he left behind.

The Will makes it clear that his son, Adam Stewart who has worked in the businesses for decades and rose to become Deputy Chairman while his father was alive, was to succeed him in the businesses stated in the Will. .

It is five years since Butch Stewart died and still there appears to be no clear resolution, with a prominent lawyer and members of the Stewart family taking issue with both the running of the companies and the contents of the Estate.

Like the HBO show “House of the Dragon,” family battle lines have been drawn.

There are now a number of lawsuits to be settled, and connected parties will be tied up in litigation for some time to come

Now, certain executors of the Will want to walk away from the duties ‘Butch’ Stewart depended on them to carry out.

The stress and strain have become an inhibitive factor, leading to much uncertainty.

Butch Stewart’s will contained a “no contest clause” in the terms that a beneficiary who brings a claim as defined in the Will, that could materially affect the interests of any other beneficiary, forfeits his bequests under the Will.

It was also provided that a beneficiary who brings a claim against Trevor Patterson or the law firm of Patterson, Mair Hamilton in connection with the preparation and execution of the Will, except in the case of fraud or other deliberate act of dishonesty, would be treated as contesting the Will and similarly forfeit his bequest.

This was a tough stipulation to swallow and it makes it difficult to raise questions concerning carrying out the Will’s intent.

The Will also contained a clause purporting to limit the Court’s jurisdiction to review the Executors’ exercise of discretion made in good faith.

There are those close to Butch’s Will who are not happy with Adam’s stewardship of his father’s companies, and moves have been made to diminish him and call into question his leadership.

Those who work closely with him and served his father for many years and still work in the Group are best able to attest as to whether he is taking the Group forward as his father intended.

It is not for Adam to blow his own trumpet. Napoleon had General Ney, Alexander had Hephaestion, Brian Clough had Peter Taylor.

Adam will impose his own imprimatur on the Group; after all he is not his father and operates in a different age.

Certain Executors of Butch’s Will have brought a claim seeking the Court’s authorisation for an “urgent red flag audit” to be carried out on Gorstew Limited, Appliance Traders Limited and their subsidiaries.  The majority shares of the two companies were held by Butch at his death and so formed a part of his Will.

If Adam Stewart buys an icy mint for the staff, certain Executors want to know about it and are demanding receipts.

These executors are ardently proclaiming that the necessity for such an audit has arisen as a result of Adam’s management under the title of Executive Chairman of Gorstew Limited, as well as allegations of financial malfeasance.

Contesting this assertion, Adam was granted permission by the Supreme Court to make an “ Ancillary Claim” in which he seeks a declaration that the No Contest Clause in the Founder’s Will is not triggered by his participation in the Fixed Date Claim brought by the Executors.

So what took place?

The Court agreed that Adam’s participation in the Fixed Date claim brought by the Executors does not engage the “No Contest Clause” and will therefore grant the declarations sought.

Adam is the 52 per cent majority beneficial shareholder pursuant to Clause 13. 1 of his father’s Will.

Now, do pay attention here, these are the words of Puisne Judge, Justice Cresencia Brown Beckford of the Supreme Court of Jamaica, as recorded. They are in no way meant to be construed as weaponising them with malicious intent.

Here’s what the judge said: “Adam’s case is predicated on the concern that the Executors are acting or may be acting in bad faith as was evidenced by the highly personal attacks which impugn his conduct, judgement and integrity contained in the affidavits in support of the claim and which go well beyond mere factual background. These serious and far-reaching allegations, the Executors’ refusal to serve him with the proceedings and their objection to him being joined in the claim, even in the light of the direct bearing that the Fixed Date Claim may have on him, support his concern.

“Further, he has been threatened through correspondence from two of the Executors, Mr Patterson and Ms Hammersmith-Stewart, with invoking the No Contest Clause in circumstances where it would not be applicable. These factual contentions are yet to be determined, but are the predicate on which he seeks to participate in the claim.

“To be clear, Adam does not contend for the invalidity of the No Contest Clause, nor has there been any decision taken by the Executors that is being reviewed. This decision is therefore of a purely legal nature and only to state that the validity of the exercise of the Executors descretion is reviewable by a court. Further, on a true construction of the Founder’s Will, the forfeiture clause would not be applied to shut out challenges based on probable cause or good faith and which were not vexations or without good reason, even if unsuccessful.

“In all the circumstances, the Ancillary Claimant (Adam) succeeds in the application and the Orders are granted as prayed.

“Any defence or opposition to this Claim or on behalf of the Ancillary Claimant, including the giving of evidence, the making of submissions or any other formal steps taken in respect of this Claim, does not engage the No Contest Clause of the Will of the Founder.”

For over four decades, Butch Stewart ran his companies in his own inimitable way, turning them into the most successful enterprises seen in the Caribbean. He was never “ Red Flagged” or those Executors then close to him ever expressed concerns or reservations about the way he managed the businesses.

Butch was a man of indomitable will, a man who knew his mind and executed expeditiously.

Today, his successor is being second-guessed.