Chetwynd v Fleetwood and Others: PC 17 May 1742
In what case an heir is bound toperform his father’s covenant though he is neither his personalrepresentative, or claims any part ofhis realestate, except what is settled upon him in strict settlement,...
View ArticleRe Gregory (Deceased), Gregory v Goodenough: CA 1970
Fenton Atkinson LJ sought to discourage appeals in cases involvimg small estates. Fenton Atkinson LJ [1970] 1 WLR 1455 England and Wales Cited by: Cited – Ilott v Mitson and Others CA 31-Mar-2011 The...
View ArticleBarry v Butlin: 22 Jun 1836
The hearing of a cause in the Prerogative Court is one continuous act, and after a cause has been set down for sentence on the second assignation, it is not competent for either of the litigant parties...
View ArticleRe Loxston, Abbot v Richardson: ChD 2006
Mr N Strauss QC said: ‘The question is always whether the testator had the necessary capacity at the time the Will was executed, and that may depend upon the efforts made by others to enable her to...
View ArticleRe Selby’s Will Trusts: ChD 1966
Buckley J [1966] 1 WLR 43 England and Wales Citing: Applied – Re Allen (dec’d) CA 1953 The testator had devised property to the eldest of the sons of his nephew ‘who shall be a member of the Church of...
View ArticleIn re Bourke’s Will Trusts: ChD 1980
The 1938 will of a testator was at issue. He died in 1943. The trusts included a life interest for the testator’s widow and, on her death without issue (which happened in 1971), residue was given to...
View ArticleIn re Dellow’s Will Trusts; Lloyd’s Bank v Institute of Cancer Research: ChD...
Ungoed-Thomas J said: ‘The more serious the allegation the more cogent is the evidence required to overcome the unliklihood of what is alleged and thus to prove it.’ Ungoed-Thomas J [1964] 1 WLR 451,...
View ArticlePowell v Osbourne: CA 1993
The deceased had separated from his wife and was cohabiting with Miss Osbourne. The deceased and Miss Osbourne purchased a property as joint tenants, with the assistance of a mortgage. The purchase...
View ArticleRe Keen; Evershed v Griffiths: 1937
[1937] Ch 236, [1937] 1 All ER 452 England and Wales Updated: 03 December 2020; Ref: scu.556776 br> The post Re Keen; Evershed v Griffiths: 1937 appeared first on swarb.co.uk.
View ArticleFea v Roberts: 2006
Expenditure on matters such as home improvements ‘could not be regarded as a dissipation or true ‘change of position”. Hazel Williamson QC [2006] WTLR 255 England and Wales Cited by: Cited – Legg and...
View ArticleLewis v Cotton: 18 Dec 2000
(Court of Appeal of New Zealand) The Court considered the equitable doctrine of mutual wills. The doctrine recognised that the executors and trustees of a will may be required to hold affected assets...
View ArticleGillett v Holt and Another: ChD 18 Jun 1998
To establish a proprietary estoppel against the testator’s promise to leave items in his will, some overt act over and above a promise, and reliance upon that promise, must be shown in order to...
View ArticleCrowden and Another v Aldridge and Others: ChD 17 Mar 1993
A variation of a will was effective upon its communication to executors. Gazette 17-Mar-1993 England and Wales Updated: 04 December 2020; Ref: scu.79682 br> The post Crowden and Another v Aldridge...
View ArticleLewisham and Guys Mental Health NHS Trust v Andrews: EAT 21 Apr 1999
A claim of damages for race discrimination did not survive the claimant’s death, and the estate cannot continue the claim. There is no statutory basis for such a survival, and it had not been intended...
View ArticleWordingham v Royal Exchange Trust Co Ltd and Another: ChD 6 May 1992
A testatrix revoked her earlier will and, by an oversight and contrary to the testatrix’s instructions, her solicitor had failed to repeat in her later will, provisions of the earlier will exercising a...
View ArticleRe Casmore: 1869
(1869) LR 1 P and D 653 England and Wales Cited by: Cited – Weatherhill v Pearce ChD 7-Nov-1994 The testatrix had signed her name by the attestation clause before it was witnessed. Held: A pre-signed...
View ArticleRe King’s Will Trusts, Assheton v Boyne: ChD 1964
An assent by personal representatives is ‘the instrument or act whereby a personal representative effectuates a testamentary disposition by transferring the subject-matter of the disposition to the...
View ArticlePublic Trustee v Cooper: 2001
The court identified two jurisdictions for the court in construing trusts: (1) the jurisdiction to decide questions of construction as to the ambit of trustees’ powers, and (2) the jurisdiction to...
View ArticleRe Orwell’s Trust: ChD 1982
The term ‘firm’ may include a company: ‘Whilst the term ‘firm’ in its narrowest sense is apt to describe an unincorporated partnership it is in ordinary usage frequently applied as a description of a...
View ArticleIn re: King George III: 1822
The will of the Sovereign is not subject to probate. (1822) 1 Add 255 Cited by: Cited – Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others FD 5-Jul-2007 The...
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