Eleanor Thomas v. Benjamin Thomas

114 Eng. Rep. 330 (1842)

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Nature of the Case

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Facts

Eleanor Thomas (P) was given a choice in an election will made by her husband; P must take either the use of their dwelling house as long as she remained a widow or 100 pounds from his personal estate. The will was made orally and witnessed. After her husband died, the executors, Samuel and Benjamin Thomas (D), agreed to follow the deceased's wishes. D entered into an agreement with P to allow her to occupy the house during her life so long as she remained a widow. D required P to pay the fee of one pound per year for the ground rent and repair. Samuel died, and Benjamin (D) brought an action for ejectment of P and removed P from possession; there was no consideration for the conveyance. P appealed and brought an action of assumpsit to require a conveyance of the property to her in accordance with the agreement.