Bennett v Bennett: 12 Nov 1864
Construction – Will – Gift of Exceptional Property, Estate for Life. Eldest Son, Condition as to Name. References: [1864] EngR 736, (1864) 2 Dr and Sm 266, (1864) 62 ER 623 Links: Commonlii...
View ArticleJennings v Rice, Wilson, Marsh, Norris, Norris, and Reed: CA 22 Feb 2002
The claimant asserted a proprietary estoppel against the respondents. He had worked for the deceased over many years, for little payment, and doing more and more for her. Though he still worked full...
View ArticleLyons and Another v Kerr-Robinson: ChD 24 Aug 2016
Application for promotion of interim adminsitrator of estate to full administrator. References: [2016] EWHC 2137 (Ch) Links: Bailii Judges: Master Matthews Jurisdiction: England and Wales Last Update:...
View ArticleRe Cutliffe’s Estate: CA 1958
In attacking the will, the unsuccessful defendants had pleaded undue influence as well as lack of due execution and want of knowledge and approval, but their evidence had been disbelieved. They...
View ArticleMitchell v Gard: 1 Dec 1963
The next of kin of the deceased, who had unsuccessfully opposed the will in a testamentary suit tried before Byles J and a jury, applied for their costs to be paid out of the estate. Held: Sir James...
View ArticleCole v Willard: 24 Jun 1858
The testator, on his marriage, covenanted that his representatives should, within three months after his decease, pay 2000 pounds to trustees, to be held for his wife for life. By his will, after...
View ArticleTaylor v Usherwood: 1681
References: [1681] EngR 161, (1681) Al 8, (1681) 82 ER 886 (B) Links: Commonlii Jurisdiction: England and Wales Last Update: 06 September 2020; Ref: scu.402165 br> The post Taylor v Usherwood: 1681...
View ArticleFrancis Hoff and others v Mary Atherton: ChD 2004
A challenge to testamentary capacity falls within the second exception in Spiers v English and not the first. References: [2004] EWHC 2007 (Ch) Judges: Nicholas Warren QC Jurisdiction: England and...
View ArticleSmyth v Rafferty and Others: SCS 1 Apr 2011
References: [2011] ScotCS CSIH – 27 Links: Bailii Judges: Lord Hardie Jurisdiction: Scotland Last Update: 06 September 2020; Ref: scu.431767 br> The post Smyth v Rafferty and Others: SCS 1 Apr 2011...
View ArticleStretchly and Vermuden (No 2): 1685
References: [1685] EngR 3076, (1685) 3 Keb 712, (1685) 84 ER 968 (C) Links: Commonlii Jurisdiction: England and Wales This case cites: See Also – Stretchy And Vermuden (No 1) 1685 (, [1685] EngR 3077,...
View ArticleSpiers v English: 1907
The two main principles which should guide the court in determining that costs in an appropriate suit are not to follow the event are firstly where the testator or those interested in the residue had...
View ArticleStuddert (Deceased), Re The Estate of: ChD 31 Jul 2020
Directions where estate possibly subject to claims for historic sex abuse. References: [2020] EWHC 1869 (Ch) Links: Bailii Jurisdiction: England and Wales Last Update: 07 September 2020; Ref:...
View ArticleColes v Reynolds and Another: ChD 7 Aug 2020
Judgment on the trial of a claim brought by the claimant against her sister and brother in law in relation to their mother’s will and related affairs of her estate. In part it is a probate claim, for...
View ArticleDr Barnardo’s Homes National Incorporated Association v Commissioners for...
A testator had left his residuary estate to a charity. His estate included some investments. During the course of the administration of the estate, the executors received income from the investments on...
View ArticleDoo v Brabant: 12 Dec 1791
References: [1791] EngR 1527, (1791) 3 Bro CC 393, (1791) 29 ER 605 Links: Commonlii Jurisdiction: England and Wales Last Update: 08 September 2020; Ref: scu.363042 br> The post Doo v Brabant: 12...
View ArticleRandell, In re; Randell v Dixon: ChD 10 Feb 1888
A testatrix bequeathed pounds 14,000 on trust to pay the income to the incumbent of the church at H. for the time being so long as he permitted the sittings to be occupied free : in case payment for...
View ArticleWood v Wood: 28 Feb 1866
References: [1866] EngR 114, (1866) 35 Beav 587, (1866) 55 ER 1024 Links: Commonlii Jurisdiction: England and Wales Last Update: 11 September 2020; Ref: scu.280825 br> The post Wood v Wood: 28 Feb...
View ArticleWood v Wood: 6 Dec 1843
The testator bequeathed several legacies, and, among others, to SW, 14,000 pounds and to the latter gentleman’s family 6000 pounds. SW. had six children, all living at the date of the testamentary...
View ArticleSherrington and Another v Sherrington: CA 29 Dec 2006
The deceased had after remarriage made a will which excluded from benefit entirely his first wife and children by her. Claims under the 1975 Act were put to one side while the court decided on the...
View ArticleSherrington v Sherrington: ChD 13 Jul 2004
The deceased had divorced and remarried. His children challenged the will made after his second marriage. Held: There was cogent evidence that the will was not properly executed and that the will went...
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