References: [1974] 3 All ER 323
Ratio: By his Will made in 1969, the testator bequeathed to the first defendants his leasehold house at Narcissus Road. The house was than held under a lease term expiring on 28th September, 2008 subject to covenants to repair. In April 1971, the testator purchased the freehold and registered it. The leasehold interest was unregistered and the testator died in February, 1973. As a sole executor of the Will, the plaintiff applied for determination of interest that passed on to the 12 first defendants. The residuary beneficiaries under the Will claimed that the first defendants was only entitled to leasehold interest.
Held: Repelling that contention, Templeman J, while delivering the judgment said: ‘In my judgment, a gift of property discloses an intention to give the estate and interest of the testator in that property at his death; a mere reference in the will to the estate and interest held by the testator at the date of his will is not sufficient to disclose a contrary intention. It follows that the freehold in the case passes to the first defendants.’
This case is cited by:
- Cited – Dutton and Dutton v Dutton and Brown ChD (Bailii, [2000] EWHC Ch 167)
An option was granted by the will. Its validity was challenged because of difficulties in the method of reaching a valuation. It was occupied and it could not be agreed whether an assumption was to be made that the occupier would consent to the . .
(This list may be incomplete)
Last Update: 02 June 2018
Ref: 198158
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