Death and Will of Elizabeth Cowmeadow 1796-185? (General)

by Mike Pinchin , Bedford, England, Wednesday, March 07, 2018, 22:50 (2446 days ago) @ probinson

BNA Gloucester Journal - Saturday 03 September 1870

Forest of Dean District, Newnham

County Court, Tuesday, Equity Case

James Cowmeadow, of Harry-hill, East Dean, Boiler-maker, was plaintiff and Mrs. Roberts, of Cinderford, a coal-merchant, defendant. Mr. Robinson appeared for the plaintiff, and Mr. Carter for Mrs. Roberts. The case was argued at some length. It appeared that the plaintiff was entered for the purpose of the Judge making an order for the administration of the personal estate of Elizabeth Meek, late of Bilson-green, East Dean, who died in July 1868, she having in her life time made a will, in exercise of a power of appointment contained in a post-nuptual settlement, and by her will (amongst other devises and bequests) by which she bequeathed to her executors and trustees one fifth part of her personal estate, in trust for the children of her deceased son Wm. Cowmeadow who, as such, were entitled to a share of the residuary personal estate of the testatrix which was shown to be under 4501. Mr. Carter argued that this, the personal estate, was sworn under that sum, yet by the will there was some real estate devised by the will to the Trustees upon trust for sale, and that this must be treated as personal estate, which would increase the subject matter of the suit above 5001, which was the limit to which the County Court had jurisdiction. In addition the plaintiff had commenced an action of ejectment in the court of Queen’s Bench to recover this real estate, and that court would decide whether that property was part of the real or personal estate. It appeared, moreover, that these facts were to be reduced to a special case for the opinion of the court above. The judge ordered that the time for the hearing of the County Court plaint should enlarged to the December court, so that in the meantime the ejectment case might be argued in the superior Court and the Judgment of that court delivered.