Watts and others v Crooke: PC 1690
Appeal from a Decree in Chancery : The Case in short was this; That Peter Crooke and Elizabeth his Wife, who was Sister of the half Blood to George Watts, claimed to have an equal Share with John Watts...
View ArticleFoot and Other Creditors of Gustavus Venner Gent, Deceased v Clerke The Elder...
References: [1678] EngR 54, (1678) Fin H 358, (1678) 23 ER 196 Links: Commonlii Jurisdiction: England and Wales Last Update: 21 November 2020; Ref: scu.402786 br> The post Foot and Other Creditors...
View ArticleCorbett v Newey and Others: ChD 4 May 1994
A will had been executed, but left undated, awaiting for later condition to be fulfilled, and then it was to be dated. It did not show the necessary testamentary intent, and was not a valid will. The...
View ArticleCorbett v Newey and Others: CA 15 Feb 1996
A will, which had been executed but left undated, awaiting for a later condition to be fulfilled, at which time it was to be dated, did not show the necessary testamentary intent, and was not a valid...
View ArticleRooney v Cardona and Others: CA 4 Mar 1999
A joint life first death policy had been paid out to a bankrupt surviving husband. Since the policy was taken out for the benefit of the spouse under the Act, the husband received it in his capacity as...
View ArticleTaylor and others v Midland Bank Trust Company Limited: CA 21 Jul 1999
Stuart-Smith LJ rationalised the possible conflict between Part 24 and the practice direction to Part 24 in its original form by saying that the correct view of the effect of the practice direction is...
View ArticleRe Buckton, Buckton v Buckton: ChD 1907
An application was made for the payment of the costs of the action from the deceased’s estate. Held: Kekewich J identified three situations where an issue might arise about the payment of legal costs...
View ArticleClayton v Ramsden: HL 1943
A condition in the will was that the legatee, his daughter, should not marry a person ‘not of Jewish parentage and of the Jewish faith.’ Held: The condition was void for uncertainty. Lord Russell of...
View ArticleRe Royse (Deceased): CA 1985
The wife sought to claim under the 1975 Act despite having been convicted of her husband’s manslaughter from diminished responsibility. She was the sole beneficiary under his will but was precluded by...
View ArticleIn re Royce (Deceased): 1985
The court considerd an application under the 1975 Act where the claimant had been convicted of the manslaughter of her husband with a finding of diminished responsibility, and was the sole beneficiary...
View ArticleIn re Pollock; Pollock v Worrall: 1885
An example of a gift which is made under a special consideration is where the gift satisfies a particular moral duty identified in the will. References: (1885) 28 ChD 552 Jurisdiction: England and...
View ArticleIn re Horgan: ChD 1971
The court considered the form of appointment of a solicitor as executor in a will. The will had appointed a partnership firm of solicitors ‘who may act through any partner or partners of that firm or...
View ArticleEarle v Bellingham: 24 Jul 1857
The right to receive legacies charged on a reversionary legacy payable under the will of another was not a present right to receive them until the reversionary legacy fell into possession on the death...
View ArticleRe Lipinski’s Will Trusts: ChD 1976
Harry Lipinski bequeathed his residuary estate on trust as to half for the Hull Judeans (Maccabi) Association to be used solely to construct and improve the new buildings for the association. The...
View ArticleWard v Holman: 1964
Section 3 of the 1861 Act abrogated the common law rule that a change of domicile operated as a revocation of a testamentary disposition. The long title of the Act was ‘An Act to amend the law with...
View ArticleKeenan v Handley: 1864
The court considered the availability of specific performance as a remedy to a personal representative. References: 1864 12 WR 1021 This case is cited by: Cited – Beswick v Beswick HL 29-Jun-1967 The...
View ArticleGreen v Briscoe: 9 May 2005
The Court had dismissed an action brought to obtain an order pronouncing against a will, revocation of the probate granted in respect of the will and a declaration of intestacy. The defendant executor...
View ArticlePankhurst v Howell: 1870
If both a gift by will to a donee and a later gift inter vivos by the testator to the same donee are a ‘pure bounty’, then the latter gift will not be taken to be a substitute, wholly or in part, for...
View ArticleIn Re Eardley: 1920
The court considered whether a gift might adeem a gift in a will by ‘by a father or a person in loco parentis’ but ‘the matter must be regarded from a wider point of view’. The rule against double...
View ArticleIn Re Shields: 1912
Warrington J said: ‘By ademption is meant 1 think in this context a transaction to which the donee as well as the donor is a party.’ Since the testator’s intention had not been communicated to the...
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