Doe dem. Joseph Gwillim against Samuel Gwillim
| Jurisdiction | England & Wales |
| Judgment Date | 30 May 1833 |
| Date | 30 May 1833 |
| Court | Court of the King's Bench |
English Reports Citation: 110 E.R. 737
IN THE COURT OF KING'S BENCH
[122] doe dem. joseph gwillim against samuel gwillim. Thursday, May 30th, 1833. Testator devises as follows:-"As touching my worldly estate, I give, devise, and dispose of the same in the following manner: first, I give to my wife Ann the whole of my estates, goods, and chattels, living stock, and debts, during her widowhood, and no longer, but demeatly to go to my dear children as I have appointed and disposed to them in lots and money." He then, after giving to his eldest son a sum of money, left to his second son a lot of land (therein described), to him and his lawful heirs for ever; and if no heirs, to his next brother and his lawful heirs for ever. Then followed four other devises in similar terms to four other sons, and then he gave to his son John a dwelling-house and piece of ground, &c., also his goods and living stock. He then devised to his daughter a house and gardens, and to her son and his lawful heirs for ever: Held, that John took a life estate only in the house and ground devised to him. Ejectment for a dwelling-house, &c. in the county of Gloucester. At the trial before Bosanquet J., at the Gloucester Summer Assizes 1832, the lessor of the plaintiff, Joseph Gwillim, proved the marriage of his father and mother, the baptism of himself, and the death of his father, the testator, in the year 1817 in possession of the premises. In answer the defendant contended, that the property in question, being, formerly part of the Forest of Dean, and encroached therefrom, the plaintiff could not recover in an action of ejectment unless he shewed a title previous to the 20 Car. 2, c. 3, which avoided any grant made by the Crown subsequent to that Act, and for this Goodtitle v. Baldwyn (11 East, 408), was cited. The defendant further put in the will of his father, the said Henry Gwillim, which bore date the 7th of May 1804, and was as follows:--"As touching such worldly estate wherewith it has pleased God to bless me in this life, I give, devise, and dispose of the same in the following manner and form: first, I give and bequeath to my wife Ann the whole of my estates, goods, and chattels, living stock, and debts, during her widowhood, and no longer, to keep it in possession, nor by any husband, or helpmate, or company keeper, or inmate, or by any person [123] that take a lease of her life, or lodger, but demeatly to go to my dear children as I have appointed and disposed to them in lots and in money. K. B. xxxix.-24 738 DOE V. GWILLIM _ 5 B.'& AD.124. " Secondly, to my son Joseph Gwillim I leave 101. out of my goods and chattels, to be paid him. . - " Thirdly, to my son Henry Gwillim I leave the piece of ground called James's Patch, to him and his lawful heirs for ever, and if no heirs, to his next brother, and his lawful heirs for ever. " Fourthly, to my son George Gwillim I leave the piece of ground called Jones's Patch to him and his lawful heirs for ever; and if no heirs, to his next brother and his lawful heirs for ever. " To my son James Gwillim I leave the piece of ground called Matthews's Patch, and the piece of ground called Dallatny's Patch, to him and his lawful heirs for ever; and if no heirs, to his next brother and his lawful heirs for ever. "To...
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Syed Abbas bin Mohamed Alsagoff v Islamic Religious Council of Singapore
...Re [1977] 1 WLR 1163 (refd) Cockburn's Will Trusts, Re [1957] Ch 438 (refd) Doe dem Joseph Gwillim v Samuel Gwillim (1833) 5 B & Ad 122; 110 ER 737 (refd) Firth, Re [1912] 1 Ch 806 (refd) Goh Nellie v Goh Lian Teck [2007] 1 SLR (R) 453; [2007] 1 SLR 453 (folld) Hudson v Hudson (1737) 1 Atk ......