Johnson v Warwick
| Jurisdiction | England & Wales |
| Judgment Date | 31 January 1856 |
| Date | 31 January 1856 |
| Court | Court of Common Pleas |
English Reports Citation: 139 E.R. 1176
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 25 L. J. C. P. 102. Referred to, Pritchard v. Pritchard, 1884, 14 Q. B. D. 59. Attorney-General v. New York Breweries Company, [1898] 1 Q. B. 216; [1899] A. C. 62; Haas v. Atlas Assurance Company, [1913] 2 K. B. 216.
[516] johnson v. warwick Jan. 31, 1856. [S. C. 25 L. J. C. P. 102. Referred to, Prtiehard.v. fritchard,. 1884, 14 Q. B. D. 59. Attorney-General v. New Ywk Breweries.Company,:[1898] 1 .Q. B. 216 ; [1899] A..C. 62 ; Haas v. Atlas Assurance Company, [1913] 2 K. B. 21&.] . It is competent to an executor to assent to'a bequest, though he never prove the will, provided letters of administration with'the will annexed be; afterwards taken out. -A rule for a new trial having, by mistake of counsel, been moved in the Queen's Bench instead of in this court.-the court permitted the motion to be renewed here after the expiration of the four days (a). This was an action of ejectment to recqver possession of a house at Wandsworth, in the county of Surrey. òò'.'.,.. ò' ò.. (a); See the-next case; ! . ò 17 C. B.517. JOHNSON V. WARWICK 1177 At the trial before Wightman, J., at the last Summer Assizes for the county of Surrey,,the following facts appeared in evidence:-In 1812, the premises sought to be recovered in this action were demised, with others, by one Bennett to one G-eorge Trossell, for a term of ninety-four years. George Trossell died in 1819, having bequeathed the term to his wife Sarah Trossell, who took possession of the premises, and allowed one Thomas Bywaters, who had married her only child, Elizabeth, to occupy them. Sarah Trossell died in 1828, having by her will bequeathed the house in question to her daughter Elizabeth, and her son-in-law Thomas Bywaters, for and during the natural lives of the said Elizabeth Bywaters and Thomas Bywaters, and, from and after the death of the 'survivor of them, she gave the said house to their daughter Sarah Bywaters, to whom also she bequeathed the rest of the demised premises. Elizabeth Bywaters was also made residuary legatee and executrix. Elizabeth Bywaters died in June, 1852, and Thomas Bywaters in 1853, Having, with his wife, while she lived, occupied the house from the time of the death of Sarah Trossell until his own decease. Thomas Bywaters by his will appointed the plaintiff his executrix; and she proved his will in June, 1853 ; and, in September in the same year, she also obtained letters of administration to Sarah Trossell with her will annexed. [517] The plaintiff put in evidence the lease of 1812, probate of the will of George Trossell, and the letters of administration with the will annexed of Sarah Trossell. Evidence was given on the part of the defendant, that Sarah Bywaters, the granddaughter, married one Pound, under whom he...
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Michael Paul Goodman and Another (Appellants/Claimants) v Mina Goodman and Another (Respondents/Defendants)
...the executors' title) be proved in a court of law. Only by such means, to use the vivid words of Jervis, C.J. in Johnson v. Warwick (1856) 17 C.B. 516 at 522, has the court 'the legal optics through which to look at [the will]'. If a grant of probate is not obtained until after the date of ......
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Gambart v Mayne
...indeed to induce me to depart from the ordinary rule. The rest of the court concurring, Rule refused. 519. (tt) See Johnson v. [Warwick, 17 C. B. 516'; and see Hooper v. Lloyd, 6 C. B. (N. H.), k English Reports Citation: 143 E.R. 469 IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMB......