In re George’s Will Trusts: ChD 1949
If the basic ingredients of a portion are present, then the question of whether or not a gift by will is in fact a portion depends to a large extent upon the donor’s intentions. The testator, by his...
View ArticleDunne v Byrne: PC 22 Feb 1912
Will – Construction – Charitable Bequest – Fund to be expended for the Good of Religion – Religious Purposes. Held, that a residuary bequest ‘to the Roman Catholic Archbishop of Brisbane and his...
View ArticleRex v Saunders: 1719
References: (1719) 93 ER 452 Jurisdiction: England and Wales This case is cited by: Cited – HM Coroner for the Eastern District of London, Regina (On the Application of) v Sutovic Admn 31-Jul-2009 (,...
View ArticleReed v Madon: ChD 1989
The existence of exclusive rights of burial gives the owner of a body a right which is to be equated with a right of property, interference with which is actionableMorritt J described an exclusive...
View ArticleElliott v Elliott: 3 Jul 1846
A testatrix having personal property of her own, and a power, under her father’s will, to appoint a fund, by deed or will, amongst her brothers and sisters, after directing her debts and funeral and...
View ArticleCurle’s Trustees v Millar and Others: HL 18 Nov 1921
A testator directed his trustees to hold the residue of his estate for his son and two daughters in equal shares for their liferent use allenarly and their issue in fee. In the event of his son or...
View ArticleIn The Goods of Francis Cary, Deceased: 31 Jan 1837
Where a party has the right to the Administration under the statute, he must be cited, or consent, before the Court will grant administration to a third party. References: [1837] EngR 465, (1837) 1...
View ArticlePearce v Beverley: Misc 13 Aug 2013
(Leeds County Court) The claimant, daughter of the deceased, challenged transactions entered into by him for the benefit of the respondent, and the will created by him. References: [2013] EW Misc 10...
View ArticleSt John Webster v Ashcroft, Penley, and others: ChD 20 Dec 2011
The parties disputed the validity of a will, and also whether lands in the estate were subject to a trust of proprietary estoppel. References: [2011] EWHC 3848 (Ch), [2012] 1 WLR 1309 Links: Bailii...
View ArticleMitchell And Mitchell v Gard And Kingwell: 27 May 1862
References: [1862] EngR 711, (1862) 3 Sw and Tr 75, (1862) 164 ER 1200 Links: Commonlii Jurisdiction: England and Wales This case is cited by: Appeal from – Mitchell v Gard 1-Dec-1963 ((1863) 3 Sw and...
View ArticleElliott v Elliott: 16 Jul 1841
Testator gave the residue of his personal estate unto and among all and every the children, sons and daughters, of his daughter Elizabeth, in equal shares and proportions, as and when they should...
View ArticleThomas v The Attorney-General: 9 Feb 1837
Interest on legacies References: [1837] EngR 495, (1837) 2 Y and C Ex 525, (1837) 160 ER 504 Links: Commonlii Jurisdiction: England and Wales Last Update: 21 September 2020; Ref: scu.313612 br> The...
View ArticleNawab Ibrahim Ali Khan v Nawab Muhammad Ahsan Ullah Khan and Another: PC 30...
(Punjab) References: [1912] UKPC 11 Links: Bailii Jurisdiction: England and Wales Last Update: 22 September 2020; Ref: scu.467352 br> The post Nawab Ibrahim Ali Khan v Nawab Muhammad Ahsan Ullah...
View ArticleWilkinson v Corfield: PD 26 Jan 1881
A legatee who has propounded a codicil and succeeded is entitled to the same costs as an executor under similar circumstances. The defendant, the executor of the will of RC, had proved the will only....
View ArticleSpackman v Timbrell: 11 Feb 1837
References: [1837] EngR 503, (1837) Donn Eq 209, (1837) 47 ER 325 Links: Commonlii Jurisdiction: England and Wales Last Update: 22 September 2020; Ref: scu.313620 br> The post Spackman v Timbrell:...
View ArticleBrook v Smith: 26 Nov 1830
The testator devised his estate to two tenants in common in fee ; one died after the testator, leaving an infant heir. In a creditor’s suit after a decree for sale of the estate, the infant heir was...
View ArticleRoss v Caunters (a firm): ChD 1980
The court upheld a finding of negligence against a firm of solicitors for failing to ensure the correct attestation of a will, and also the award of damages in favour of a disappointed beneficiary....
View ArticleSutton v Drax: 1815
References: (1815) 2 Phill 323 Jurisdiction: England and Wales This case is cited by: Cited – Worby, Worby and Worby v Rosser CA 28-May-1999 (Times 09-Jun-99, Gazette 16-Jun-99, , [1999] EWCA Civ 1520,...
View ArticleWorby, Worby and Worby v Rosser: CA 28 May 1999
Three potential beneficiaries sought payment from a solicitor of the costs of resisting the grant of probate to a will, saying that he had owed them a duty of care to ensure that the testator did not...
View ArticleBerger v Berger: CA 29 Oct 2013
References: [2013] EWCA Civ 1305 Links: Bailii Judges: Moses, Black, Gloster LJJ Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Last Update: 22...
View Article