Story v Lord Windsor and Others
| Jurisdiction | England & Wales |
| Judgment Date | 30 July 1743 |
| Date | 30 July 1743 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 776
HIGH COURT OF CHANCERY
Case 347.-morris and elizabeth his Wife versus burrows and Others, July 26, 1743. 2 Eq. Gas. Abr. 272, pi. 39, S. C.-First heard before Lord Hardwicke on the 3d of February, 1737. (See the case fully stated in Tracy Atkyns's Reports, 1 vol. 399.)- A freeman of London by will took upon him to dispose of all his estate,, as well the orphanage as the testamentary part; where some of the children shall elect to abide by the custom, and others to take by the will, their shares of the. orphanage part shall not accrue to that part, but shall go according to the disposition of the father. This cause comes on now for further directions after the Master's report, and it is upon this case : John Burrows at his death left issue five children, the plaintiff Elizabeth Gyles and John and Mary married to Woollasion, and Ann to Edward Rose, which Gyles, John, Mary and Ann were advanced by their father in his life-time. He by will gave legacies to all his children, and to other persons, and the residue of his estate real and personal he gave to his sous John and Gyles, and his daughters Mary, Elizabeth, and Ann, their heirs, executors and administrators, equally to be divided. The testator died on the 7th of October 1732, leaving issue as aforesaid, and Gyles Burrows alone proved the will, and possessed his personal estate, which was more than sufficient to pay the testator's debts. 2ATK. 628. MORRIS V. BURROWS 775 The plaintiff's counsel at the hearing of the cause argued, that the testator being a freeman of London, and leaving such issue as aforesaid, had not power to dispose of his personal estate by his will, but the same ought to be distributed according to the custom of the city of London, and the testator having given plaintiff Elizabeth no more than 900 on her marriage, which is far short of what he gave the rest of his children, and not having by his will advanced her equally with his other children, insisted the will ought to be set aside. [628] The defendants insisted that the testator and the plaintiff Elizabeth before her marriage, together with George and Phillis Burrows, two other children, before the testator became a freeman, entered into an agreement with him, whereby they did release their right to any part of his personal estate by the said custom. The plaintiffs brought their bill to set aside the agreement and the will, and that Gyles Burrows may...
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