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Dowley v Winfield

Nominate Series English Reports Cited in 8 Precedent Map Related
JurisdictionEngland & Wales
Judgment Date09 November 1844
Date09 November 1844
CourtHigh Court of Chancery

English Reports Citation: 60 E.R. 365

HIGH COURT OF CHANCERY

Dowley
and
Winfield

S. C. 8 Jur. 972. See In re Benham's Trust, 1867, L. R. 4 Eq. 419; In re Phene's Trusts, 1870, L. R. 5 Ch. 145.

Presumption of Death. Evidence.

14 SIM. 277. DOWLEY V. WINT1ELD 365 [277] dowley v. winfield. Nov. 9, 1844. [S. C. 8 Jur. 972. See In re Senham's Trust, 1867, L. R. 4 Eq. 419 ; In re Phene's Trusts, 1870, L. B. 5 Ch. 145.] Presumption of Death. Evidence. A. went abroad in September 1830. His father died in September 1833. About twenty months previous to that time A. was heard of for the last time. The Court ordered a share of the father's residue bequeathed to A. to be transferred to his brother, as the sole next of kin of the father living at the father's death, on the brother giving security to refund it, in case A. should be living or should have died after his father. The bill, which, was filed by Thomas Dowley, one of the children and residuary legatees of the testator in the cause, who died on the 19th of September 1833, prayed for the usual accounts of the testator's personal estate possessed by the Defendants, his executors ; for an inquiry whether Frederick William Dowley, the other child and residuary legatee of the testator, was living or dead, and, if dead, at what time he died ; and that one moiety of the clear residue of the testator's estate might be paid to the Plaintiff aa legatee thereof, and that the other moiety also might be paid to him as the only surviving child and sole nearest of kin of the testator at the time of his death. [278] By an order in the cause...

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8 cases
  • M'Mahon and Others v M'Elroy
    • Ireland
    • Chancery Division (Ireland)
    • 9 June 1869
    ...C. Exch. Rep. 328. Hardy v. Reeves 5 Ves. 426. 426. Smith v. KayENR 7 H. L. C. 750. Watson v. EnglandENR 14 Sim. 28. Dowley v. WinfieldENR 14 Sim. 277. Bowden v. Henderson 2 Sm. & Gif. 360. Gerrard v. O'Reilly 3 Dr. & War. 414. Jones v. SmithENR 1 Hare, 43. West v. ReidENR 2 Hare, 249. Doe ......
  • Thomas v Thomas
    • United Kingdom
    • High Court of Chancery
    • 16 December 1864
    ...referred to Wing v. Angrave (8 H. of L. C. 183); Nepean v. Knight (2 M. & W. 894); Dunn v. Snowden (2 Dr. & Sm. 201); Dowley V. Winfield (14 Sim. 277); Lambe v. Orion (6 Jur. (N. S.) 61). Mr. Eenshaw, for Susan Thomas, one of the testator's next of kin, took the same line of argument; and s......
  • WELGAMA VS. WIJESUNDERA AND ANOTHER
    • Sri Lanka
    • 1 April 2005
    ...Matwari v. Mahant Ramrup Gir and Another TLR Vol XUI 1925-26 P159 21. Re Green's Settlement (1865) LR 1 p. 288 22. Dowley v. Winfield (1844) 14 sim 277 23. Wing v. Angrave (1860) 8 HLC 183 24. Hickman v. Upsali (1876) 4 CH. D. 145 APPEAL from the judgement of the Court of Appeal. Nihal Jaya......
  • Re 10 & 11 Vict. c. 96 and the Trusts of the Will of G. Creed
    • United Kingdom
    • High Court of Chancery
    • 24 November 1852
    ...and Mr. Walford, for the petition, cited Webster v. Birchmore (13 Ves. 3G2),Sillick v. Booth (I You. & Col. G. G. 117), Dowley v. Winfidd (14 Sim. 277), 'CutKbert v. furrier (2 Phil. 199), Nepean [237] v. Knight (2 M. & W. 895 ; and 5-B..& Ad. 86), as to the presumption of death. Either the......
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