Re Williams
| Jurisdiction | England & Wales |
| Year | 1875 |
| Court | Chancery Division |
Under the Statute of Limitations, 1833 (3 & 4 Will. 4, c. 27), s. 6, time begins to run as against an administrator claiming a chattel interest in land from the date of the death of the intestate, and not from the date of the grant of administration.
WILLIAM WATERS died intestate on the 11th of February, 1849, possessed (subject to a mortgage debt of £210 and interest) of five leasehold cottages at Abercarne, in Wales, and leaving him surviving a widow and three children by a former wife. The testator's widow, Mary Waters, took possession of all the cottages and retained possession of them until her death on the 8th of October, 1859. During her lifetime she paid the interest on the mortgage debt, and also, out of her own moneys, paid off part of the principal sum. She died intestate, leaving her surviving five children by one Williams, her first husband. William Williams, one of such five children, on the 1st of December, 1859, took out administration to his mother's effects; and he entered upon all the cottages, applied the rents to his own use, paid off the rest of the mortgage debt, and held possession of the cottages as his own until his death on the 13th of March, 1885. By his will, dated the 9th of March, 1885, and proved on the 16th of May, 1885, he appointed the Defendants his executors, and directed that the five cottages then in his possession should be sold and the proceeds (after payment of £100 to a beneficiary) should be divided among certain persons, of whom the Plaintiffs, his sisters, Charlotte Davies and Ann Nicholas, were two.
On the 6th of May, 1886, letters of administration to the estate of Mary Waters, left unadministered by William Williams, were granted to the Plaintiff Charlotte Davies; and on the 20th of May letters of administration to the estate of William Waters were also granted to the same Plaintiff; and until then no one had ever taken out administration to William Waters' estate.
The Defendants proposed to deal with the cottages upon the footing that their testator had at the time of his death become absolutely entitled to them under the Statute of Limitations, and that the interest of all persons claiming under William Waters or Mary Waters...
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A Contract for The Sale of Land, Dated The 28Th October, 1898; and The Vendor and Purchaser Act, 1874. Andrew J. M'Clure, Vendor; Sarah Garrett, Purchaser
...to vendor — Return of farm as assets — Objection of purchaser. Brassington v. Llewellyn 27 L. J. Exch. 297. Davies v. WilliamsELR 34 Ch. D. 558. Eady v. WoodDLTR 29 I. L. T. R. 70. In re AlisonELR 11 Ch. D. 284. In re Johnson Eady v. WoodELR 29 Ch. D. 964. In re Marsh and Earl GranvilleELR ......