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Legal dispute over legacy


Source: Welshman 26/02/1869       Date: 1869
Copyright:       Type: Newspaper
Description:

Transcript:
Dinah Thomas, Globe Inn, Cardigan, v. David Jones, W. W. Mitchell, and Anne Mitchell his wife. This was a plaint by a legatee for an account and administration of the estate of David Davies, late of William- street, Cardigan, deceased. The testator, devised £100 to the plaintiff which she now sought to recover, Mr. Lascelles, instructed by Messrs Jenkins and Evans, appeared for the plaintiff, while Mr Mitchell appeared for himself and co-defendants. Mr Mitchell and the defendants had filed a qualified admission, and now in court admitted the payment of certain legacies out of the personal estate in full be was liable for the remainder of the legacies. Mr Mitchell said it was a very hard case. The deeds relating to the real property devised by the defunct testator, subject to the payment of certain legacies, were in the possession of plaintiff. The money was ready to be paid if the deeds were only returned. The testator lodged in plaintiff's house, and when he died a regular scramble was made for the deeds and others things. Mr Lascelles stated that the scramble had been made by the defendants. He would adduce evidence that would bring home the deeds to Mr Mitchell's possession. After a few words from his Honour, Mr Mitchell said that one-half of the legacy was paid through the retention of bedding and other valuables belonging to the deceased. Mr Lascelles requested his Honour not to take Mr Mitchel' s version its evidence, as he would contradict every particle of it. After some further parleying His Honour ordered that the legacy of £100 (less £ 6, admitted by plaintiff to have been received by her) be paid by defendants to plaintiff on or before the 22nd of April next. The costs of plaintiff to be paid out of the estate.
Notes:
Linked to
Globe , 10 William Street, Cardigan