This section contains the nature of the case and procedural background.

On July 25, 1834, John Jefferys made a trust for the benefit of his daughters such that real estate that was currently owned by John was to go into trust to pay him the monies from the freehold for life, and upon his death the trustees were to sell the freehold and pay off any encumbrances and then to give the residue to his three daughters. This was done out of natural love and affection. One of the daughters died in April 1835, and all her interests in the trust were then vested in the other two sisters. John died in September 1836 never having surrendered the copyholds pursuant to the covenant. His will stated that the freehold subject to this lawsuit was to be given to his wife, Isabella. In July 1837, the two daughters sued the wife and the two trustees for them to carry into effect the provisions of the trust. One of the daughters then died in April 1838, and all her interest in the settlement was left to the last sister. Isabella has since remarried.

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