In re Hagger; Freeman v Arscott: ChD 1930
The husband and wife had made wills in similar terms, each leaving their separate property to each other on the first spouse dying with remainders over. They agreed that the wills should not be revoked...
View ArticleIn re The Goods of Moore: 1901
[1901] ( 44 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 will, on which the testator’s...
View ArticleIn re Fish: CA 1894
The testator left his residuary estate to his ‘niece Eliza.’ He had no niece called Eliza but his wife had an illegitimate grandniece called Eliza, to whom the evidence of their relationship showed...
View ArticleEarl of Moray, (Petitioner): HL 1950
The testamentary writings consisted of a trust disposition and five codicils. The petitioner was born after the date of the first codicil, but before the date of the fifth and final codicil. The...
View ArticleWingrove v Wingrove: 1885
To establish the presence of undue influence it is not enough to establish that a person has the power to overbear the will of the testator. It must be shown that the will was a result of the exercise...
View ArticleBrock v Bradley: 1864
A legacy to a single woman if she survives her husband takes effect if she never marries. (1864) 33 B 670 England and Wales Citing: Applied – Jones v Westcomb 1711 A gift on a contingency which does...
View ArticleMurray v Jones: 1813
A gift over in the event of a prior legatee having only one child takes effect if the prior legatee has no child. (1813) 3 Ves and B 313 England and Wales Citing: Applied – Jones v Westcomb 1711 A gift...
View ArticleRe North dec’d; North v Cusdon: ChD 1952
Wynn Parry J [1952] 1 All ER 609, [1952] TLR 674 England and Wales Updated: 09 December 2020; Ref: scu.190046 br> The post Re North dec’d; North v Cusdon: ChD 1952 appeared first on swarb.co.uk.
View ArticleIn Re Williams: 1886
The purpose of the section is to allow time to run against an administrator as from the intestate’s death, irrespective of whether a grant of administration has been obtained or not. (1886) 34 ChD 558...
View ArticleRe Leigh’s Will Trusts; Handyside v Durbridge: ChD 1970
The testatrix’s husband and only child had drowned in an accident. She was his administratrix and sole beneficiary under his intestacy. At his death, the husband had been the owner of 51% of the issued...
View ArticleRe JS (Disposal of Body): FD 10 Nov 2016
Child’s Wish for post-mortem cryonic Preservation JS, a child of 14, anticipating her death from cancer expressed the desire that her body should receive cryonic preservation in the hope that one day a...
View ArticleTo The Kings Most Excellent Majesty The Humble Petition of Robert Vere Earl...
[1675] EngR 1645, (1675) Jones W 97, (1675) 82 ER 51 (A) Commonlii England and Wales Updated: 10 December 2020; Ref: scu.405770 br> The post To The Kings Most Excellent Majesty The Humble Petition...
View ArticleIn Re Beaney deceased: ChD 1978
A gift made inter vivos by a mother of three children to one of them alone of the mother’s only asset of value, at a time when she was in an advanced state of senile dementia, was void because the...
View ArticleRe Wilkinson, Neale v Newell: 1978
Assistance given with light household duties was not ‘full valuable consideration’ within the Act. A sister could apply as a dependent. [1978] Fam 22, [1978] 1 All ER 221 Inheritance (Provision for...
View ArticleChard v Chard (otherwise Northcott), Haye, Winstanley, Lord and Norris: FD 1956
If a person has not been heard of for seven years by those who would be likely to hear from them then, if proper inquiries have been made and there is no evidence to the contrary, the person is...
View ArticleInland Revenue Commissioners v Hawley: 1928
When a legatee of shares received them more than a year after the death, he was not treated as receiving all the accrued dividends as income of the year in which the shares became vested in him, but...
View ArticleIn re Evans Dec’d: 1999
Where the administration of a deceased’s estate remained incomplete the claimants rights to receive their share or interest had not yet accrued, and the limitation period had not yet commenced. [1999]...
View ArticleDobson and Dobson v North Tyneside Health Authority and Newcastle Health...
A post mortem had been carried out by the defendants. The claimants, her grandmother and child sought damages after it was discovered that not all body parts had been returned for burial, some being...
View ArticleGoodchild and Another v Goodchild: CA 2 May 1997
The deceased and his wife made wills in virtually identical form. The husband changed his will after their divorce, but his son and other wife claimed that the couple had intended the wills to be part...
View ArticleDunbar (As Administrator of Tony Dunbar Deceased) v Plant: CA 23 Jul 1997
The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to...
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