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Traiton v. Traiton
England and Wales Court of Chancery
23 Eng. Rep. 554 (1686)
- Written by Elliot Stern, JD
Facts
The eldest son (defendant) of the Traiton family inherited a house from his father upon his father’s death. The eldest son had disagreements with his mother concerning repairs on the house. The mother had lived in the house for years without paying rent and had neglected the upkeep of the house. The eldest son was concerned that his mother would continue to let the house decay. The eldest son granted the house to his younger brother (plaintiff) but also executed a penal bond establishing a financial penalty if the brother permitted their mother to come into the house. The penal bond was payable to the eldest son’s sister, who took possession of the bond.
Rule of Law
Issue
Holding and Reasoning ()
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