The Law Society of the United Kingdom v Waterlow Brothers and Layton: HL 1883
There was a claim that there had been a breach of section 2 of the 1843 Act by law stationers (who had had various dealings with the Probate registry under the supervision of solicitors). The Rules of...
View ArticleBoughton v Knight: 1873
The jury found that the testator had not been of sound mind, memory and understanding when he made the will propounded by the plaintiffs. Held: The court contrasted a person of ‘sound mind’ with one...
View ArticleIn the Estate of Austin: 1929
A former solicitor, who had been struck off the Roll for professional misconduct, propounded a will under which he was named as an executor and the residuary legatee. The will which the former...
View ArticleRe Grant’s Will Trusts: ChD 1980
The deceased left property to the Labour Party property committee. Held: A trust created by making a gift to the members of an unincorporated assoication as at the date of the gift can be wound up only...
View ArticleMinistry of Health v Simpson; In re Diplock dec: HL 1950
The will of Cable Diplock purported to make a gift to charity, and was distributed accordingly. The house however found the gift to be invalid. Held: A personal remedy existed for the recovery of...
View ArticleIn re Allen’s Estate: 1945
A will is to be interpreted in accordance with the law intended by the testator. In the absence of indications to the contrary, this is presumed to be the law of his domicile at the time when the will...
View ArticleTwist v Tye: 1902
The three plaintiff executors, who had unsuccessfully propounded a will, were also residuary legatees under the will, had themselves managed the deceased’s affairs before she made it, and had had ample...
View ArticleRe Marshall’s Will Trusts: 1945
The word ‘trust’ is to be given its ordinary meaning. Cohen J adopted, as its ordinary meaning, the definition then to be found in Underhill on Trusts: ‘A trust is an equitable obligation, binding a...
View ArticleBirch v Treasury Solicitor: CA 1950
Lord Evershed MR stated: ‘the courts will examine any case of alleged donatio mortis causa and reject it if in truth what is alleged as a donatio is an attempt to make a nuncupative will, or a will in...
View ArticleHamlin v Hamlin: CA 1986
A plaintiff under the 1975 Act must show as against each defendant that where that defendant is out of the jurisdiction that the order for payment would be enforceable in the foreign land. Kerr LJ...
View ArticleAnthony and Another v Donges and Others: ChD 22 Jul 1998
A clause in a testator’s will leaving to his widow ‘such minimal sum as she might be entitled to by way of maintenance under English Law’ was void for uncertainty. It tried to place the judge in the...
View ArticleCouser v Couser: ChD 18 Mar 1996
A witness to the execution of a will can acknowledge his own signature in the later presence of the second witness. Gazette 27-Mar-1996, Times 18-Mar-1996 Wills Act 1837 9 Updated: 17 December 2020;...
View ArticleEdwards and Another v Strong and Another: ChD 9 Nov 1994
Successor pending grant in intestacy is the President of Family division. Times 09-Nov-1994 Updated: 17 December 2020; Ref: scu.80264 br> The post Edwards and Another v Strong and Another: ChD 9 Nov...
View ArticleAcherley v Wheeler And Vernon: 1721
[1721] EngR 1, (1721) 1 P Wms 783, (1721) 24 ER 614 (B) Commonlii England and Wales Updated: 18 December 2020; Ref: scu.390026 br> The post Acherley v Wheeler And Vernon: 1721 appeared first on...
View ArticleHarlow v National Westminster Bank Plc and Others; in re Jennings Dec: CA 13...
The adult non-dependent son of the deceased claimed provision from his father’s estate. He had been separated from his father since being a young child, and had received almost nothing. He was a...
View ArticleIn Re DWS, Deceased, In Re EHS, Deceased, TWGS (A Minor) v G and Others: CA...
The infant child of a deceased parent who had murdered the child’s grandparents, would not inherit on the intestacy. The grand-child was disinherited by his father’s act. His right to inherit was to...
View ArticleIn Re White (Dennis) Deceased; White v Minnis and Another: CA 25 May 2000
A family partnership had carried freehold property at its historic cost value in the books, rather than at a market value. After the death of one partner the share came to be valued. Held: Being a...
View ArticleAtkinson v Morris: CA 1897
The plaintiff was able to prove that the testator had said she had destroyed one copy of a will she had made in duplicate. Held: Though that evidence would have had the effect of revocation, it was...
View ArticleThe Earl of Oxford v Lady Rodney: 1789
[1789] EngR 2078, (1789-1817) 2 Ves Jun Supp 377, (1789) 34 ER 1140 (D) Commonlii England and Wales Updated: 20 December 2020; Ref: scu.367709 br> The post The Earl of Oxford v Lady Rodney: 1789...
View ArticleMilroy v Milroy: 29 Mar 1844
False [1844] EngR 390, (1844) 14 Sim 48, (1844) 60 ER 274 Commonlii England and Wales Updated: 20 December 2020; Ref: scu.304982 br> The post Milroy v Milroy: 29 Mar 1844 appeared first on...
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