Cochrane’s Exr v Cochrane: SCS 6 Dec 1946
References: [1946] ScotCS CSIH – 1 Links: Bailii Ratio: Jurisdiction: Scotland Last Update: 20 June 2020 Ref: 279393 br> The post Cochrane’s Exr v Cochrane: SCS 6 Dec 1946 appeared first on...
View ArticleIn re Basham dec’d; Basham v Basham: 1986
References: [1986] 1 WLR 1498, [1987] 1 All ER 405 Coram: Edward Nugee QC Ratio: The claimant and her husband had helped her mother and her stepfather throughout the claimant’s adult life. She received...
View ArticleHohler v Aston: 1920
References: [1920] 2 Ch 420 Coram: Sargant J Ratio: A Mrs. Aston agreed with her nephew Mr. Hohler to make provision for her niece and her husband, Mr. and Mrs. Rollo. Mrs. Aston died before doing so....
View ArticleNaismith v Boyes: HL 28 Jul 1899
References: [1899] UKHL 973, 36 SLR 973 Links: Bailii Coram: Lord Chancellor (Halsbury), Lord Shand, and Lord Davey Ratio: A testator, by a settlement disposing of his whole estate, made certain...
View ArticleCommissioner of Stamp Duties (Queensland) v Livingston: PC 7 Oct 1964
References: [1965] AC 694, [1964] UKPC 2, [1964] UKPC 45 Links: Bailii, Bailii Coram: Viscount Radcliffe Ratio: A testator had died domiciled in New South Wales and with real and personal property both...
View ArticleQuarman v Williams: 7 Jun 1842
References: [1842] EngR 718 (C), (1842) 5 Beav 133 Links: Commonlii Ratio: Jurisdiction: England and Wales Last Update: 23 June 2020 Ref: 307673 br> The post Quarman v Williams: 7 Jun 1842 appeared...
View ArticleMiller’s Trustees v Miller: 1958
References: 1958 SC 125 Coram: Lord Patrick, Lord Justice-Clerk Thomson Ratio: The issue was whether the rule of conditio si institutus sine liberis decesserit operated and, if so, whether two nephews...
View ArticleBlack v Watson: 1841
References: (1841) 3 D 522 Ratio: Where a testator leaves more than one testamentary writing they are to be read together so far as possible as if they formed one deed. Jurisdiction: Scotland This case...
View ArticleGaskin v Rogers: 1866
References: [1866] LR 2 Eq 284 Ratio: The will made a contingent gift. A later codicil removed the contingency, but was witnessed by the beneficiary. Held: The gift was avoided by the section....
View ArticleRex v Stewart: 1840
References: [1840] 12 Ad and E 773 Ratio: It is the duty at common law for a householder under whose roof a person has died to make arrangements for the dignified and decent burial of the deceased, at...
View ArticleSaunders v Garrett: 2005
References: [2005] WTLR 749 Ratio: S and G lived together in a same-sex relationship. They owned the house they lived in and another as tenants in common. G owned other properties which provided the...
View ArticleKentfield v Wright: ChD 1 Jul 2010
References: [2010] EWHC 1607 (Ch) Links: Bailii Coram: Vos J Ratio: The claimant disputed her mother’s will which left everything to her brother, challenging its execution. She said that the second...
View ArticleRe Flynn: ChD 1982
References: [1982] 1 WLR 310 Coram: Slade J Ratio: The deceased, who had given instructions for the preparation of the codicil some time earlier, was gravely ill after a heart attack at the time when...
View ArticleIn Re D (Statutory Will); VAC v JAD and Others: ChD 16 Aug 2010
References: [2010] EWHC 2159 (Ch), [2011] 1 All ER 859, [2010] WTLR 1511 Links: Bailii Coram: Hodge QC J Ratio: The protected person’s deputy sought authority for making a statutory will for her. An...
View ArticleIn Re Papillon (deceased): ChD 2006
References: [2006] EWHC 3419 (Ch), [2006] All ER (D) 297 Coram: Mr Guy Newey QC Ratio: Mr Guy Newey QC considered the presumption of due execution when propounding a will: ‘The burden of proving due...
View ArticleDowson v Bell: 28 Jun 1837
References: [1837] EngR 875, (1837) 1 Keen 761, (1837) 48 ER 500 Links: Commonlii Ratio: Jurisdiction: England and Wales Last Update: 28 June 2020 Ref: 313992 br> The post Dowson v Bell: 28 Jun 1837...
View ArticleKloosman v Aylen and Others: ChD 8 Mar 2013
References: [2013] EWHC 435 (Ch) Links: Bailii Coram: Vivien Rose (Sitting as a Deputy Judge of the Chancery Division) Ratio: The deceased had before his death sold his principle property and made...
View ArticleJones and others v Firkin-Flood: ChD 17 Oct 2008
References: [2008] EWHC 2417 (Ch) Links: Bailii Coram: Briggs J Ratio: The trustees had contracted to sell shares in a private company held within the estate. A family member now claimed that they were...
View ArticlePitt and Another v Holt and Others: ChD 18 Jan 2010
References: [2010] EWHC 236 (Ch) Links: Bailii, Times Coram: Robert Englehart, QC Ratio: The deceased had created a settlement in favour of his wife. He suffered serious injury and placed the damages...
View ArticleRoyal Society for The Prevention of Cruelty To Animals v Sharp and Others:...
References: [2010] EWHC 268 (Ch) Links: Bailii Coram: Peter Smith J Ratio: The parties disputed the effect of a term in the will leaving a share calculated according to the current rate of exemption...
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