Miller v Thurgood
| Jurisdiction | England & Wales |
| Judgment Date | 05 March 1864 |
| Date | 05 March 1864 |
| Court | High Court of Chancery |
English Reports Citation: 55 E.R. 461
ROLLS COURT
S. C. 33 L. J. Ch. 511; 10 L. T. 255; 10 Jur. (N. S.) 304; 12 W. R. 660.
[496] miller v. thurgood. March 4, 5, 1864. [S. C. 33 L. J. Ch. 511 ; 10 L. T. 255 ; 10 Jur. (N. S.) 304 ; 12 W. E. 660.] A testator had a freehold in Potter Street and a freehold in South Street, and he was entitled to two-thirds of a house and 18 freehold cottages in South Street, the other one-third belonging to his wife. By his will, he devised all his freehold messuages, "cottages," &o., in the two streets to his wife for life, she keeping them in tenant-able repair, and then upon trusts for sale and division. Held that the wife was bound to elect between her one-third of the house and cottages and the other benefits given her by the will. Mr. Thurgood, by his will dated in 1833, "devised unto his wife Mary Thurgood all and every his freehold messuages or tenement, cottages, hereditaments and premises situate in Potter Street and South Street in Bishops Stortford or elsewhere, with the Appurtenances thereunto respectively belonging, to hold the same unto his wife Mary Thurgood and her assigns for her life, she and they keeping the same in tenantable repair. And from and after the decease of his wife Mary Thurgood he gave and devised the said messuages or tenements, cottages, heredita-[497]-ments and premises, with the appurtenances, unto his son Thomas Thurgood and his son-in-law the Plaintiff, to hold the same unto the said Thomas Thurgood and the Plaintiff Benjamin Miller, and their heirs, upon trust, as soon as conveniently might be after the decease of his wife, to sell all the said messuages or tenements, cottages, hereditaments and premises." He bequeathed the money to arise from such sale to his seven children. The testator also bequeathed to his widow all his ready money and securities for money and other benefits. The testator died in 1855, and his wife survived him and died in 1863. The testator, at the date of his will and at his death, was entitled to the entirety of a freehold house in Potter Street and to the entirety of a freehold house in South Street. In addition to this, he was entitled to two undivided thirds of a house and eighteen freehold cottages in South Street, which he had purchased from his wife's brothers, hia wife being, under her father's will, entitled te the remaining one-third of the house and eighteen cottages in South Street. In 1820 Mr. and Mrs. Thurgood had executed a...
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