Tuesday, March 26, 2013

Samuel Thomas v. Eleanor Thomas case brief

Samuel Thomas v. Eleanor Thomas case brief summary

-Shortly before dying, John Thomas orally expressed a desire for his wife to have either the house used as their residence and its contents or £100 in addition to the other provisions made for her in his will.
-After John Thomas' death, the executors of his estate (Samuel Thomas, his brother, and Benjamin Thomas) entered into an agreement with Eleanor (his wife) “in consideration of John's desires” whereby Elanor would take possession of the house and in return maintain the house and pay £1/year for what was known as the "ground rent".
-The respondent, Eleanor, remained in the house for some time.
-However after Samuel's death, Eleanor refused to complete the conveyance, claiming that consideration was lacking.
-The lower court found for Eleanor and Benjamin appealed.

-The court held that motive is not the same as consideration.

-Consideration must be something which is of value in the eyes of the law.

The court found that the agreement entered into between the executors and Ms. Thomas contained an agreement to pay £1 rent per year. 
-This agreement showed this was not merely a voluntary gift and was sufficient consideration.

Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?


No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads

https://www.pexels.com/photo/coworkers-talking-outside-4427818/ Over the last couple of decades, the face of legal marketing has changed a l...