Thomas v. Thomas (1842), 2 Q.B. 851 1 JOHN THOMAS (deceased Husband of Plaintiff) appoints as executor appoints as executor Sam Thomas (also now deceased) Ben Thomas ( ∆ the villain) Both Sam and Ben are residuary legatees (this is the villain’s motive in seeking to eject the plaintiff widow) 2 LANDLORD OF HOUSE Executors Ben ∆ Sam Widow Plaintiff Pay ground rent Pays 1£ (extra?) and covenants to keep house in good repair The agreement between the plaintiff and the defendants is supported by alleged consideration in: • Respecting the testator’s desire? • Paying £1? • Keeping house in good repair?