Dillwyn v Llewelyn

JurisdictionEngland & Wales
Judgment Date01 January 1862
Date01 January 1862
CourtHigh Court of Chancery
Dillwyn
and
Llewelyn

English Reports Citation: 45 E.R. 1285

BEFORE THE LORD CHANCELLOR LORD WESTBURY.

S. C. 6 L. T. 878; 8 Jur. (N. S.), 425, 1068; 10 W. R. 412, 742. See Plimmer v. Mayor, &c., of Wellington, 1884, 9 App. Cas. 713.

DEO.F. &J.J17. DILLWYN V. LLEWELYN 1285 [517] dillwyn -. llewelyn. Before the Lord Chancellor Lord Westbury.. June 4, July 12, 1862. [S. C. 6 L. T. 878; 8 Jur. (N. S.), 425, 1068; 10 W. R. 412, 742. See Plimmer v. Ifai/oi-, c&fi., of JFdlingtmt, 1884, 9 App. Cas. 713.] A father placed one of his sons iu possession of land belonging to the father, and at the same time signed a memorandum that he had presented the laud to the sou for the purpose of furnishing him with a dwelling-house. The son, with the assent and approbation of the father, built at his own expense a house upon the land and resided there. Held, that this was not a mere incomplete gift, but that the sou was entitled to call for a legal conveyance, and not merely of a life-estate, but of the whole fee simple. This was the appeal of the Plaintiff from a decree of the Master of the Rolls declaring the Plaintiff entitled to a conveyance of, but only of, a life-estate in certain lands in which he claimed an estate in fee-simple. Thu grounds of the decision were, that a gift of the lauds had been made to the Plaintiff by his father, Llewelyn W. Dillwyn, the testator in the cause, under such circumstances as to entitle the Plaintiff to call for a conveyance of the legal estate, but that according to the terms of the memorandum of gift an estate for life only was intended. Before the date of the gift iu question, the father made his will dated the 21st .Tune 1847, whereby he devised all and singular his real estates, both freehold and copyhold, in the two counties of Glamorgan and [518] Caermarthen, with the appurtenances, unto John Montgomery Traherne and to the Defendant John Dillwyu Llewelyn, who was the testator's eldest son, and the Plaintiff Lewis Llewelyn Dillwyn, who was the testator's second son, their heirs and assigns, upon trust after the testator's decease to convey and assure the same to the use of the testator's wife for life, with remainder to the use of or in trust for the Plaintiff and his assigns for his life without impeachment of waste, with a limitation to trustees to provide contingent remainders, with remainder to the use of or in trust for the son or sons of the Plaintiff in such proportions, if there should be more than one sou, as...

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114 cases
  • Lungrin (Iris) v Monelal & Valentine (Olive)
    • Jamaica
    • Court of Appeal (Jamaica)
    • 2 April 2004
    ...to this court. We have had the advantage of cases which were not cited to the country judge, cases in the last century, notably Dillwyn v. Llewelyn [1861–73] All E.R. Rep. 384; (1862), 4 De G.F. & J. 517 and Plimmer v. Wellington Corpn. (1884), 9 App. Cas. 699. This latter was a decision of......
  • Lee Eng Teh and Others v Teh Thiang Seong and Another
    • Malaysia
    • High Court (Malaysia)
    • 1 January 1967
  • Pascoe v Turner
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 1 December 1978
    ...and Acquiescence". 22 The cases in point illustrating that principle in relation to real property are ( Dillwyn v. Llewelyn 1862 4 Be G. F. & J. 517), ( Ramsden v. Dyson 1866 1 E. and I. App, Cases 129), ( plimmer v. City of Wellington (1884) 9 A. C. 699). One distinction between this class......
  • Inwards v Baker
    • United Kingdom
    • Court of Appeal
    • 13 January 1965
    ...to this Court. We have had the advantage of cases which were not cited to the County Court Judge, cases in the last century, notably Dillwvn v. Llewelvn. (1862) 4 De Gex, Fisher & Jones, p. 517, and Plimmer v. The Mayor etc. of Wellington, in 1884, 9 Appeal Cases, p. 699 This latter was a ......
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5 books & journal articles
  • Estoppel in land law
    • Barbados
    • Caribbean Law Review No. 3-2, December 1993
    • 1 December 1993
    ...been accepted that proprietary estoppel is an 14 [1980] 1 W.L.R. 1306. 15 Combe v. Combe [1951] 2 KB . 215. 16 Dillwyn v. Llewellyn (1862) 4 De G.F. & J. 517; Pascoe v. Turner [1979] 1 W.L.R. 431; Lim v. Ang (1992) 64 P & CR 233. 17 Siew Soon Wah v. Yong Tong Hong [1973] A.C. 836 (P.C.); J.......
  • Preliminary Sections
    • Nigeria
    • DSC Publications Online Nigerian Supreme Court Cases. 1967 Preliminary Sections
    • 12 November 2022
    ...139. 227 Davies v. Davies [1956] P.212. 177 Dickson v. Law & Davidson [1895] 2 Ch D. 72 L.T. 680. 70 Dillwyn v. Llewelyn 4 D.F. & J 517; 45 E.R. 1285 271 Dominion Coal Co. Ltd. v. Dominion Iron & Steel Co. Ltd. and anor (1909) 25 T.L.R. 309. 36 Dove v. Dove [1963] P.321; [1963] 2 W.L.R. 774......
  • Cases referred to in 1967
    • Nigeria
    • DSC Publications Online Nigerian Supreme Court Cases. 1967 Preliminary Sections
    • 12 November 2022
    ...139. 227 Davies v. Davies [1956] P.212. 177 Dickson v. Law & Davidson [1895] 2 Ch D. 72 L.T. 680. 70 Dillwyn v. Llewelyn 4 D.F. & J 517; 45 E.R. 1285 271 Dominion Coal Co. Ltd. v. Dominion Iron & Steel Co. Ltd. and anor (1909) 25 T.L.R. 309. 36 Dove v. Dove [1963] P.321; [1963] 2 W.L.R. 774......
  • A TALE OF THE TIAHS AND THE FLEXIBILITY OF EQUITY:
    • Singapore
    • Singapore Academy of Law Journal No. 1995, December 1995
    • 1 December 1995
    ...share of the proceeds of sale if and when she sold the property”, [my italics] [1994] 3 SLR 881 at pp. 890. 18 Cf. Dillwyn v LLewelyn(1862) 4 De G F & J 517. 19 In England this trend is said to have emerge from Lord Scarman’s judgement in Crabb v Arun DC[1976] 1 Ch 176 and Taylors Fashions ......
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