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Swynfen Will Case
The Swynfen (or Swinfen) will case was a series of English trials over the will of Samuel Swynfen that ran from 1856 to 1864 and raised important questions of ethics in the legal profession. The case Samuel Swynfen of Swinfen Hall, Staffordshire died in 1854 and, in his will, left £60,000 (around £ in present-day terms) to his widowed daughter-in-law Patience Swynfen. But Samuel possessed another large estate that was not mentioned in his will. Patience claimed that too.Kingston (1923) However, Frederick Hay Swynfen, Samuel's nephew, also claimed the estate. Litigation followed with eminent barristers Sir Frederick Thesiger representing Patience and Sir Alexander Cockburn the nephew. Contrary to Patience's instructions, Thesiger negotiated a settlement with Cockburn and put it to the judge. Patience was furious and succeeded in having the agreement set aside and a new trial listed. Dismissing Thesiger, Patience instructed a young and little known barrister named Charles Rann K ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England And Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, except f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Champerty And Maintenance
Champerty and maintenance are doctrines in common law jurisdictions that aim to preclude frivolous litigation: *Maintenance is the intermeddling of a disinterested party to encourage a lawsuit. It is: "A taking in hand, a bearing up or upholding of quarrels or sides, to the disturbance of the common right." *Champerty (from Old French '' champart'') is the financial support, by a party not naturally concerned in the suit, of a plaintiff that allows them to prosecute a lawsuit on condition that, if it be brought to a successful issue, the plaintiff will repay them with a share of the proceed from the suit. In ''Giles v Thompson'' Lord Justice Steyn declared: "In modern idiom maintenance is the support of litigation by a stranger without just cause. Champerty is an aggravated form of maintenance. The distinguishing feature of champerty is the support of litigation by a stranger in return for a share of the proceeds." At common law, maintenance and champerty were both crimes and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Case Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law orig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
19th Century In England
19 (nineteen) is the natural number following 18 and preceding 20. It is a prime number. Mathematics 19 is the eighth prime number, and forms a sexy prime with 13, a twin prime with 17, and a cousin prime with 23. It is the third full reptend prime, the fifth central trinomial coefficient, and the seventh Mersenne prime exponent. It is also the second Keith number, and more specifically the first Keith prime. * 19 is the maximum number of fourth powers needed to sum up to any natural number, and in the context of Waring's problem, 19 is the fourth value of g(k). * The sum of the squares of the first 19 primes is divisible by 19. *19 is the sixth Heegner number. 67 and 163, respectively the 19th and 38th prime numbers, are the two largest Heegner numbers, of nine total. * 19 is the third centered triangular number as well as the third centered hexagonal number. : The 19th triangular number is 190, equivalently the sum of the first 19 non-zero integers, that is also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1856 In Case Law
Events January–March * January 8 – Borax deposits are discovered in large quantities by John Veatch in California. * January 23 – American paddle steamer SS ''Pacific'' leaves Liverpool (England) for a transatlantic voyage on which she will be lost with all 186 on board. * January 24 – U.S. President Franklin Pierce declares the new Free-State Topeka government in "Bleeding Kansas" to be in rebellion. * January 26 – First Battle of Seattle: Marines from the suppress an indigenous uprising, in response to Governor Stevens' declaration of a "war of extermination" on Native communities. * January 29 ** The 223-mile North Carolina Railroad is completed from Goldsboro through Raleigh and Salisbury to Charlotte. ** Queen Victoria institutes the Victoria Cross as a British military decoration. * February ** The Tintic War breaks out in Utah. ** The National Dress Reform Association is founded in the United States to promote "rational" dress for w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Ethics
Legal ethics are principles of conduct that members of the legal profession are expected to observe in their practice. They are an outgrowth of the development of the legal profession itself. In the United States In the U.S., each state or territory has a code of professional conduct dictating rules of ethics. These may be adopted by the respective state legislatures and/or judicial systems. The American Bar Association has promulgated the Model Rules of Professional Conduct which, while formally only a recommendation by a private body, have been influential in many jurisdictions. The Model Rules address many topics which are found in state ethics rules, including the ''client-lawyer relationship'', duties of a lawyer as ''advocate'' in adversary proceedings, dealings ''with persons other than clients'', ''law firms and associations'', ''public service'', ''advertising'', and ''maintaining the integrity of the profession''. Respect of client confidences, candor toward the tribuna ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inheritance
Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequest, bequeathing private property and/or debts can be performed by a testator via will (law), will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the decedent, deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wills And Testaments By Person
Wills may refer to: * Will (law), a legal document Places Australia * Wills, Queensland, a locality in the Shire of Boulia * Division of Wills, an Australian electoral division in Victoria United States * Wills Township, LaPorte County, Indiana * Wills Township, Guernsey County, Ohio * Wills, Wisconsin, an unincorporated community * Wills Creek (Ohio), a tributary of the Muskingum River * Wills Creek (North Branch Potomac River), in Pennsylvania and Maryland People * Wills (surname), a surname * William, Prince of Wales (born 1982), nicknamed "Wills" Other uses * Wills baronets, of Northmoor, a former title in the Peerage of the United Kingdom - see Baron Dulverton Baron Dulverton, of Batsford in the County of Gloucester, is a title in the Peerage of the United Kingdom. It was created in 1929 for the businessman Sir Gilbert Wills, 2nd Baronet. He was President of the Imperial Tobacco Company and also sat a ... * Wills Hall, a student residence of the University of Bristol * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cresswell Cresswell
Sir Cresswell Cresswell, PC (20 August 1794 – 29 July 1863), born Cresswell Easterby, was an English lawyer, judge and Tory politician. As a judge in the newly created divorce court, Cresswell did much to start the emergence of modern family law by setting divorce on a secular footing, removed from the traditional domain of canon law. Family Born at Bigg Market, Newcastle, Cresswell's father was Francis Easterby (died 1834), a merchant and sailor. His mother was Frances Dorothea ''née'' Cresswell (1768–1832), daughter of a distinguished northern family that could trace its ancestry back to the twelfth century and service in the Crusades.Getzler (2004) The family owned land in Northumberland and were scions of the Cresswells of Bibury, Sidbury and Sherston Pinkney, ancestors of Edward I. Francis adopted the name Cresswell in 1807 when his wife inherited much of the ancestral wealth. His brother Addison was the Tory MP for North Northumberland between 1841 and 1857. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chief Justice Of The Common Pleas
The chief justice of the Common Pleas was the head of the Court of Common Pleas, also known as the Common Bench or Common Place, which was the second-highest common law court in the English legal system until 1875, when it, along with the other two common law courts and the equity and probate courts, became part of the High Court of Justice. As such, the chief justice of the Common Pleas was one of the highest judicial officials in England, behind only the Lord High Chancellor and the Lord Chief Justice of England, who headed the Queen's Bench (King's when the monarch was male). History Initially, the position of Chief Justice of the Common Pleas was not an appointment; of the justices serving in the court, one would become more respected than his peers, and was therefore considered the "chief" justice. The position was formalised in 1272, with the raising of Sir Gilbert of Preston to Chief Justice, and from then on, it was a formally-appointed role, similar to the positions o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Erle
William is a male given name of Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of England in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will, Wills, Willy, Willie, Bill, and Billy. A common Irish form is Liam. Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie or the play ''Douglas''). Female forms are Willa, Willemina, Wilma and Wilhelmina. Etymology William is related to the given name ''Wilhelm'' (cf. Proto-Germanic ᚹᛁᛚᛃᚨᚺᛖᛚᛗᚨᛉ, ''*Wiljahelmaz'' > German ''Wilhelm'' and Old Norse ᚢᛁᛚᛋᛅᚼᛅᛚᛘᛅᛋ, ''Vilhjálmr''). By regular sound changes, the native, inherited English form of the name should b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
