|
Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
Thomas v Thomas
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
Thomas v Thomas
|
Court
|
Queen’s Bench
|
Citation
|
114 Eng.Rep. 330
|
Date decided
|
February 5, 1842
|
Facts
- Thomas = owner of 7 row-houses = resident of the 1 of the 7 row-houses
- (the other) = brother of the proprietor Thomas = beneficiary of 1 of the 7 houses of Thomas
- Wife of the Thomas, the proprietor of the 7 houses = beneficiary of some money in the will
- executors of the Thomas estate = (also other) Thomas
- The proprietor Thomas passed away
- The wife Thomas agreed with the executors to remain in 1 of the 7 Thomas houses in exchange for paying £1 / year & maintaining the property
- The wife Thomas remained in the home for several years
- After 1 executor died, the other executor sought to evict the wife
Procedural History
- The wife Thomas brought a lawsuit against the surviving executor Thomas to remain in her house.
Arguments
- The executor Thomas argued that the contract lacked consideration because the parties were simply trying to respect the wish of the decedent Thomas.
Resources