Swynfen Will Case
   HOME
*





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]  


picture info

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]  


picture info

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]  


picture info

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]  


picture info

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]  



MORE