Thomas v. Stevens

Headnote

Though the name of a legatee is entirely mistaken by the testator, as Cornelia Thompson, for Caroline Thomas, yet the bequest is good; and the intention of the testator, and the misnomer, being satisfactorily shown, the legacy was ordered to be paid to the person intended.

BEQUEST by will of a bank share to Cornelia Thompson. The plaintiff claimed the beqtiest, on the ground that her name, which was Caroline Thomas, had been mistaken by the testatrix, or by the person employed to draw her will, and that the plaintiff was the person intended.

The defendants, who were the executors, admitted, by * their answer, the material facts charged in the bill; that the testatrix had been dead upwards of two years, and that no person by the name of Cornelia Thompson had appeared to claim the legacy, and that they believed and admitted, that the plaintiff was the person intended; for she was a great favourite with the testatrix, and it was understood and believed, that some provision by will Was to be made for her. That a great friendship had existed between the testatrix and the mother of the plaintiff, who died some time before the testatrix.