KING AND ANOTHER vs. ELLIOT AND ANOTHER

The facts in this appeal from the judgment of Lassey J. (as he then was) may be summarised as follows: Patience Williams who died in 1943 had by her will devised various properties to her descendants and relations. She was the only child of her mother, Mrs. Nancy Campbell the original owner of the properties, who died intestate. It is not clear from the evidence whether Patience Williams’ title to the properties rested simply on the fact of her being the only child of Nancy Campbell, or whether Nancy Campbell gifted the properties to her. There is a suggestion in the original pleading of the defendants-appellants (hereinafter called the defendants) that Nancy Campbell made a gift of the properties to Patience Campbell’s daughter who predeceased Patience Campbell. There is the admission by the second defendant under cross-examination at page 53 of the record of proceedings that Nancy Campbell bequeathed all her self-acquired properties to her only child Patience Williams. And there...