In Hawksbee v. Hawksbee, 11 Ha. 230, upon the administration of an estate, Wood, V.C., was called upon to determine the rights in respect of a certain property which had been occupied by the testator for fifteen years before his death without paying rent. He devised his estate upon trusts for the benefit of his wife and children, and gave his trustees power to lease or sell the house in question. His eldest son continued to carry on the business in the same premises, and paid rent for the house to the widow until her death, fifteen years afterward. The son then claimed a possessory title, and denied the title of the testator to devise the property by his will. The contention failed, on the ground that the defendant could not be permitted to obtain possession under the operation of a will, and afterwards say that he had acquired the property by a possessory title.
Get a full legal research memo!
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.