Beanland v Bradley
| Jurisdiction | England & Wales |
| Judgment Date | 01 July 1854 |
| Date | 01 July 1854 |
| Court | High Court of Chancery |
English Reports Citation: 65 E.R. 427
HIGH COURT OF CHANCERY
2SM.&6IFF,339. BEASTLAND V. BRADLEY 427 {339] beanland v. bradley. July 1, 1854. Where a person, by a deed, eight days before his death, grants a benefit to his grandson and son-in-law, there is no sueh confidential relation as to induce'this Court to presume fraud. James Beanland, by his will, gave part of his real and personal estate to his daughter,. Ann Bradley, Ms nephew,'George Beanland, and his friend, Lester Har- greaves, upon certain trusts, for the benefit of James Beanland, the son of Ann Bradley. . . The testator died on the 25th of August 1852, and appointed Ann Bradley, George Beanland and Lester Hargreaves executrix and executors of his will. The bill, which was filed by-the Plaintiffs, who had purchased the share of Eliza Hall, one of the legatees under the will, contained, inter alia, the following allegations :--" That, at the-date of the agreement of the 12th of August 1852, the testator was upwards of eighty-five years of age, and was deaf, and he had become and was much weakened and infirm, both in mind and body, and he was and had for some time been confined to and was unable to leave his bed, and he was not in a condition to exercise any valid disposition of' his property. He had for a considerable time employed Messrs. Bentley & Wood, of Bradford, as his solicitors, and at the time he executed the agreement was not in the habit of executing any instrument of importance without first consulting them. - " The Defendant, Ann Bradley, had long lived with the testator at Shipley, and was acting as his housekeeper at the date of the agreement; and from the infirm state of his body and mind she had a great influence over him. The Defendant, John Bradley, at the date of the said agreement, lived with the testator. "Under-the testator's estate of Firth Carr, containing three acres, was valuable fireclay and brick; and shortly before his death John Bradley and James Hall formed a design of obtaining from the testator, at a rent very much [340] below the real value, a lease of the same; and the Defendant, Ann Bradley, agreed to assist them in carrying out their design; and, accordingly, one of them prepared an agreement only thirteen days before the testator's death, and they came to the said testator, who was then in his bed, and they alleged that he the said testator subscribed the said agreement, and his signature appears to be subscribed to the said...
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...whether the defendant should be presumed to have had undue influence over Henry, should start with a reference to Beanland v. Bradley 2 Sm. & Giff. 339 at 343 where the Vice-Chancellor, Sir John Stuart, said: “It is said that the lessor being the grandfather of one of the lessees and father......
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...in the defendant's interest. 34 The area of law to which I referred to overleaf can be found in the case Beamland v. Bradley Vol. 65 English Reports p. 427 in which Vice Chancellor Sir John Stuart held as follows:– “There is, however, no rule of this court which prohibits a man by a volunta......
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Wellman v Crockwell 1989 Civil Jur. No. 23
...... Mr. John Barritt for the Plaintiff . Mr. Julian Hall for the Defendant . Beanland v BradleyENR (1854) 2 Sm & G 339 Re Brocklehurst (Deceased) Hall v RobertsUNK [1978] 1 All ER 767 Re ......