Whitley v Whitley
| Jurisdiction | England & Wales |
| Judgment Date | 12 May 1862 |
| Date | 12 May 1862 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 1104
ROLLS COURT
[173] whctley 0. whitley. May 12, 1862. The wife of a testator was entitled to a share of the produce of the R. estate, which had been directed to be sold. By his will, the testator gave all " his share, estate and interest" in the R. property to his daughter, and benefit out of his own estate to his widow. Held, that the will raised a case for election as against the widow. The testator, Edward Griffiths, devised an estate called Ehydgaled, in the county of Flint, to trustees, in trust for his wife, Mary Griffiths, for life, and after her death upon trust to sell and divide the produce amongst his five children. The testator died in 1838 and his widow lived till 1855. In 1848 Elizabeth, one of the five children, married John Davies. John Davies, by his will made in 1857, gave to his widow his personal estate absolutely, and certain interests in his real estate. He made devises in favor of his sons Edward, John and Lawrence, and then proceeded in the following terms :-" And as to and concerning all my share, estate and interest in the Rhydgaled property, and the house and shop in High Street in Mold, aforesaid, and also, as well in the yearly rents thereof as in the moneys that may arise from the sale of the said pro-[174]-perty, I give, devise and bequeath the same unto my said wife, for her own use and benefit, for the term of her natural life ; and from and immediately after her decease, I give, devise and bequeath the same and every part thereof unto my daughter, Sarah Davies, for her own use and benefit absolutely for ever." " And I hereby declare, and my will and mind is, that in case either of my said sons shall claim to have any estate or interest in the Rhydgaled property, to the exclusion of their sister Sarah Davies, then, in that case, I make void the devise 31BB4.V. 17B. IN EE CAMPBELL'S TRUST 1105 hereby made in favor of the one so claiming such estate and interest as aforesaid, and I give and devise- the property hereby devised to him, so claiming as aforesaid, unto my daughter Sarah Davies, her heirs and assigns for ever, in ilieu of the devise and bequest hereby made in her favor at her age of twenty-five years." John Da vies died in 1858, leaving his widow, his daughter and three sons him surviving. Hii will was proved by his widow alone, who accepted the benefits given to her by her husband's will, and she died in 1859. The Rhydgaled estate still remained unsold...
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