Bahouse and Another v Negus: CA 28 Feb 2008
The court heard a renewed application for leave to appeal against an order in an action under the 1975 Act. The executors said that the judge had erred in law in his interpretation of what was meant by...
View ArticleSalvesen’s Trustees v Wye: SCS 13 Jul 1954
whether a bequest of three-tenths of the residue of the testator’s estate is void from uncertainty. References: [1954] ScotCS CSIH – 4 Links: Bailii Jurisdiction: Scotland Last Update: 13 September...
View ArticleThe Case of Thetford School and Co: 1572
Land of the value of 351, a year was devised to certain persons, and their heirs, for the maintenance of a preacher, andc. of a master and usher, and of a grammar school, and of certain poor people:...
View ArticleCase XXXII 26 H 8, 3, Four Times Adjudged, Gavelkind, Rent: 1220
Rent is grantecl out of gavelkind land to A. in fee; the rent follows the nature of the land, and shall be shared among male heirs. References: [1220] EngR 357, (1220-1623) Jenk 205, (1220) 145 ER 138...
View ArticleRe Randall’s Will And The Trustee Act, 1850: 17 Feb 1853
References: [1853] EngR 270, (1853) 1 Drew 401, (1853) 61 ER 505 Links: Commonlii Jurisdiction: England and Wales Last Update: 14 September 2020; Ref: scu.294256 br> The post Re Randall’s Will And...
View ArticleRandall v Randall: ChD 30 Jul 2004
The executor sought to set aside gifts made by the deceased, an elderly aunt before her death to his brother, alleging undue influence. Held: The recipient had acted falsely in failing to declare...
View ArticleAlathea Gofton, Widow And Relict of Francis Gofton, And Francis Gofton,...
A, by will, devises to B 400 pounds, which was the sum lent, in full satisfaction of all the monies which he owed E, and subjects his real estate to the payment of his debts. The debt which A owed B...
View ArticleSaltmarsh v Barrett: HL 13 Jul 1861
A testator after directing payment of his debts, funeral and testamentary expenses and legacies, bequeathed some legacies to charities, and gave to three persons legacies of nineteen guineas each, and...
View ArticleParish v Sharman: CA 15 Dec 2000
References: [2000] EWCA Civ 3038, [2001] WTLR 593 Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Last Update: 16 September 2020; Ref:...
View ArticleLudlow v Bunbury: 8 Dec 1865
References: [1865] EngR 770 (B), (1865) 35 Beav 36 Links: Commonlii Jurisdiction: England and Wales Last Update: 16 September 2020; Ref: scu.281682 br> The post Ludlow v Bunbury: 8 Dec 1865 appeared...
View ArticleFabris v France [GC]: ECHR 7 Feb 2013
ECHR (Grand Chamber) Article 14Discrimination Difference in treatment of legitimate and illegitimate children for succession purposes: violation Facts – The applicant was born in 1943 of a liaison...
View ArticleWhittaker v Hancock and Others: ChD 14 Dec 2018
References: [2018] EWHC 3478 (Ch) Links: Bailii Judges: Shuman M Statutes: Administration of Justice Act 1985 50 Jurisdiction: England and Wales Last Update: 16 September 2020; Ref: scu.632197 br>...
View ArticlePentland-Clark v Wilson and Others: SCS 4 Jun 2013
Reclaiming motion at the instance of the pursuer and reclaimer in an action of count reckoning, payment and reduction which she raised in the Court of Session. References: [2013] ScotCS CSIH – 48...
View ArticleCreasey and Another v Sole and Others: ChD 24 May 2013
The parties, brothers and sisters, disputed ownership of lands to be inherited from the estates of their parents, and whether parts of the farm purchased in several lots under different ownerships...
View ArticleHall v Hall: 1868
Even a reprehensible placing of pressure on a testator will not always be undue influence so as to avoid the will: ‘To make a good will a man must be a free agent. But all influences are not unlawful....
View ArticleCaldwell’s Trustees v Caldwell and Others: HL 25 Jul 1921
Held ( aff. judgment of the First Division) that a residuary bequest in favour of ‘such charitable and benevolent institutions in Glasgow and Paisley’ as the testator’s trustees might think best was...
View ArticleVallee v Birchwood: ChD 6 Jun 2013
On 6th August 2003 R visited D, her elderly father. He appeared to be in poor health and was coughing. R said that she would next visit him at Christmas. D said that he did not expect to live very much...
View ArticleEvans and Others v Lloyd and Another: ChD 24 Jun 2013
References: [2013] EWHC 1725 (Ch) Links: Bailii Judges: Keyser QC HHJ Jurisdiction: England and Wales Last Update: 17 September 2020; Ref: scu.511049 br> The post Evans and Others v Lloyd and...
View ArticleGordon v Eyre And Dean: 8 Apr 1756
References: [1756] EngR 69, (1756) 2 Lee 262, (1756) 161 ER 335 (A) Links: Commonlii Jurisdiction: England and Wales Last Update: 18 September 2020; Ref: scu.377445 br> The post Gordon v Eyre And...
View ArticleIn re Re Rose, Midland Bank Executor and Trustee Company Limited v Rose: ChD...
The testator handed a transfer of the relevant shares to the donee, Mr Hook, together with the relevant certificates. The transfer had not been registered by the date of his death. Held: Equity will...
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