In re Vaux: CA 1939
The term ‘portion’ has a ‘qualitative significance’ as well as purely quantitative significance. As to the doctrine of ademption: (Sir Wilfrid Greene MR) ‘The rule against double portions rests upon...
View ArticleRe Ashton: CA 1898
(Reversed) References: [1898] 1 Ch 142 Jurisdiction: England and Wales This case cites: Appeal from – Re Ashton ChD 1897 Stirling J said: ‘Prima facie the duty of making a provision for a child falls...
View ArticleRe Ashton: ChD 1897
Stirling J said: ‘Prima facie the duty of making a provision for a child falls on the father, but may fall on or be assumed by some other person. I do not say that in no case and under no circumstances...
View ArticleRe Ware: 1926
No presumption as to any double portion arose in the case of dispositions made in favour of a child by a mother unless she had placed herself in loco parentis to them. In this case there was no...
View ArticleIn re Lacon: 1891
The doctrine of ademption serves to preserve equality between children. Bowen LJ said: ‘ . . it being the view of the law that equality is what the father, in dealing with his children, would in most...
View ArticleBeresford v Royal Insurance Co Ltd: HL 1938
The forfeiture rule was to be applied in a case involving suicide. An insured may not recover under a policy of insurance in respect of loss intentionally caused by his own criminal or tortious act,...
View ArticleIn re Ross, deceased: ChD 10 Nov 2004
The deceased owned an apartment subject to a mortgage. He left it in his will to his fiancee. There was a dispute as to whether the property was left subject to the mortgage. He had taken out an...
View ArticleAli Haider v Syed: ChD 19 Dec 2013
It was alleged that the signature on the deceased’s will was a forgery. Held: Given the serious nature of the allegation of forgery the legal burden of proving that the signature on the Will was forged...
View ArticleIn re Goodwin; Ainslie v Goodwin: ChD 1924
Request on condition – Annuity to Wife if smaller annuity under deed released within six months of testator’s death – estate encumbered – neither annuity paid to widow during her life – Death of widow...
View ArticleFelton v Mulligan: 2 Sep 1971
(Australia) The court was concerned to interpret the phrase ‘arising under any laws made by the Parliament’ Austlii Constitutional Law (Cth) – Privy Council – Appeal from State Supreme Court invested...
View ArticleIn re Bentham’s Will Trusts: 1995
References: [1995] STC 210 Jurisdiction: England and Wales This case is cited by: Not followed – In Re Ratcliffe, Deceased ChD 19-Mar-1999 When apportioning a residuary estate between charitable and...
View ArticleBest v Stonehewer: 1864
References: (1865) 2 De G J and Sm 537 CA, (1864) 34 Beav 66 Jurisdiction: England and Wales This case is cited by: Cited – In Re Thurlow, Decd Riddick and Another v Kennard and Others ChD 7-Jul-1971...
View ArticleLester v Garland: 8 Aug 1808
Bequest of residue in trust in case A shall within six months after testator’s decease give security not to marry B then and not otherwise to pay to the children of A; with a proviso to go over if she...
View ArticleTownson v Tickell And Another: 6 Nov 1819
A devisee in fee may by deed, without matter of record, disclaim the estate devised. There is a presumption that, when a gift of property is made, the donee is presumed to accept it unless, upon...
View ArticleIn the Estate of Bercovitz, deceased; Canning v Enever: CA 1962
Upheld – The court must be satisfied that the witness had signed the will with the intention of attesting the testator’s signature or of attesting the will. References: [1962] 1 WLR 321, [ 1962] 1 All...
View ArticleRe Wynn (deceased): 1952
A provision in a will which purported to make the decision of the trustees final on any matter in dispute between them and the beneficiaries was a provision calculated to oust the jurisdiction of the...
View ArticleLiu v Matyas: ChD 7 Oct 2020
[2020] EWHC 2807 (Ch) Bailii England and Wales Cited by: Main judgment – Liu v Matyas (Appointment of Executor) ChD 7-Oct-2020 . .[2020] EWHC 2923 (Ch) These lists may be incomplete. Updated: 30...
View ArticleNewdigate v Johnson: 1685
[1685] EngR 2360, (1685) 2 Chan Cas 170, (1685) 22 ER 898 (A) Commonlii England and Wales Updated: 30 November 2020; Ref: scu.399135 br> The post Newdigate v Johnson: 1685 appeared first on...
View ArticleAntonius, Second Son of The Said Count Leslie v The Said James Leslie, Et...
Tailzie. – Clause.- Found that a clause providing ‘that in case any heir of entail should succeed to a certain other estate, he and the heirs male of his body so succeeding, should be obliged to denude...
View ArticleD’Aguilar v Drinkwater: 4 Aug 1813
[1813] EngR 541, (1812-1813) 2 Ves and Bea 225, (1813) 35 ER 305 Commonlii Updated: 01 December 2020; Ref: scu.338306 br> The post D’Aguilar v Drinkwater: 4 Aug 1813 appeared first on swarb.co.uk.
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