Case File No. 30

Mary Kennedy v. William Tucker
13 October 1792
Before John Reeves, Chief Justice

This was to recover £4.

It appeared that the Plt. and Deft. were brother & sister, and the only children of their father, who died without leaving a will properly executed. He left a plantation, which let for £11 a year, till the last year, when it produced only £8. The brother had taken possession, and had paid his sister £4. a year, as a bequest, or intended bequest of the father; But last year, he declared his father died intestate, and the plantation belonged to him as heir, and that he would no longer pay the plaintiff any thing.

Whereupon It was adjudged, & ordered, that the deft. pay £4. the half of the last year's rent, and £7.10. the sum which make the £4 paid in former years to be half the Eleven pounds the former rent; And further It was Ordered that the plt be at liberty to take half the plantation to herself whenever she pleases, The Court being of opinion, that Lands & Plantations, in Newfoundland, are nothing more than Chattel Interests, and should, in case of Intestacy, be distributed as such.

It was ordered, that £4. be paid this year & £7.10 the next year.

Mr Morey
deft's master
was ordered
to pay £4
out of his

Sources: PANL, GN 5/4/C/1, Ferryland, box 1, 25-26, Mary Kennedy v. William Tucker, 13 October 1792.