In 1847 the parties' father (Lewis Weston Dillwyn of Sketty Hall) earlier bequeathed his lands on trust to his widow for life and with a complex remainder so that his younger son, the "plaintiff", would inherit absolutely if he obtained 21 years of age; otherwise charged with annuities (equity partly-released) for certain daughters and thereafter to the defendant (and his heirs).

He later wished to give immediately to the plaintiff (Lewis Llewelyn Dillwyn) one of these parcels, his farm at Hendrefoilan near to Sketty Hall, and thought he had done so by signing a memorandum presenting it to him “for the purpose of furnishing himself with a dwelling-house”.

Two years later in 1855 the father died and the elder son (John Dillwyn Llewelyn) disputed his younger brother's imperfect title (ownership).

on appeal held that the younger son had an incomplete gift and was on the facts entitled to call for a legal conveyance of the whole freehold (fee simple).

On this I have no doubt; and it therefore follows that the intention to give the fee-simple must be performed, and that the decree ought to declare the son the absolute owner of the estate comprised in the memorandum.