Davitt v Titcumb: ChD 1989
The defendant bought a house in joint names with the deceased, but was subsequently convicted of her murder. The house was purchased with the assistance of an endowment life policy in their joint...
View ArticleIn re Good, deceased; Carapeto v Good and Others: ChD 19 Apr 2002
The normal rules as to costs contained in the CPR should also be followed in probate actions save only that the judge should also take account of the guidance in the Spiers case, where an alternative...
View ArticleMackie v Herbertson and Others (Gloag’s Trustees): HL 6 Mar 1884
A widow having children by her first marriage entered into a second, in contemplation of which she, by antenuptial contract with the second husband, conveyed to trustees her property, heritable and...
View ArticleHurst v Crampton Bros (Coopers) Ltd and others: CA 9 Aug 2002
Adjourned application for permission to appeal Chadwick LJ [2002] EWCA Civ 1384 Bailii England and Wales Citing: See Also – Pennington and Another v Waine, Crampton and others CA 4-Mar-2002 The...
View ArticleParks v Clout: CA 22 Oct 2002
Application for leave to make second appeal. Brother of deceased alleging that the widower had obtained probate by falsely representing that no will had been made by the deceased. Held: Insofar as the...
View ArticleLumley v Robinson: CA 17 May 2001
[2001] EWCA Civ 805 Bailii Inheritance Provision for Family and Dependants Act 1975 England and Wales Updated: 20 January 2021; Ref: scu.218186 br> The post Lumley v Robinson: CA 17 May 2001...
View ArticleClarke v Peterkin and others: CA 14 Mar 2001
Application for leave to appeal from rejection of claim under 1975 Act. [2001] EWCA Civ 612 Bailii Inheritance (Provision for Family and Dependants) Act 1975 2 England and Wales Updated: 21 January...
View ArticleCorbett (As Administrator of the Estate of Miss N A Tresawna (Deceased)) v...
The testatrix had executed her will, but it was left undated pending preparation and execution of a second deed. The will failed, and her executors sought damages from her solicitors for negligence....
View ArticleHart v Dabbs: ChD 6 Jul 2000
An executor under the will was a legatee and the sole residuary legatee. He was involved in the preparation of the will and organised the process of its execution. There was no professional assistance...
View ArticleIn the Goods of Wilson, Wilson v Coleclough: ChD 1952
The deceased had been a chief officer employed by an oil company. He came ashore in England from one vessel on 10 January 1946, and was on leave until 16 April. On 25 April he received instructions to...
View ArticlePoe v Paterson: HL 16 Jul 1883
Succession – Husband and Wife – Husband’s Right to Succeed to Wife’s Moveable Estate – Married Women’s Property (Scotland) Act 1881 (44 and 45 Vict. c. 21), secs. 3 and 6.Held ( aff. judgment of First...
View ArticleCampbell v Wardlaw and Others (Campbell’s Trustees): HL 6 Jul 1883
Succession – Fee and Liferent – Liferent of Whole Amount Produced – Mineral Field opened after Testator’s DeathA testator who had opened up and wrought part of the minerals in his lands during his...
View ArticleStoutt v Radford: CA 1 Nov 2002
Application for leave to appeal from refusal of challenge to validity of ill. [2002] EWCA Civ 1654 Bailii England and Wales Updated: 21 January 2021; Ref: scu.217868 br> The post Stoutt v Radford:...
View ArticleHoff and others v Atherton: CA 19 Nov 2004
Appeals were made against pronouncements for the validity of a will and against the validity of an earlier will. The solicitor drawing the will was to receive a benefit, and had requested an...
View ArticleJesson, Joseph Hately, William Whitehouse, Joseph Walton, Edward Dangerfield,...
[1820] EngR 444, (1820) 2 Bligh PC 1, (1820) 4 ER 230 Commonlii England and Wales Updated: 21 January 2021; Ref: scu.330696 br> The post Jesson, Joseph Hately, William Whitehouse, Joseph Walton,...
View ArticleNathan v Leonard and Others: ChD 28 May 2002
The testator added a codicil to her will providing that a gift to a beneficiary would be avoided if the will was challenged. She contested the clause saying it was against public policy insofar as it...
View ArticleMuirhead and Others v Muir-Head and Others: HL 12 May 1890
Succession – Will – Construction – Widow Renouncing Provisions – Acceleration of Provisions to Children – Period of Vesting.A truster directed his trustees to pay to his wife if she survived him an...
View ArticleRobin Sharp and Malcolm Bryson v Grace Collin Adam and Emma Adam and others:...
The testator suffered advanced multiple sclerosis. Daughters excluded from benefit in the will challenged his capacity to have made the will. Held: Though ‘He was able to understand the nature of the...
View ArticleWilliam Winsor, Susannah Winsor, Jane Boucher, And Thomazine James v Thomas...
[1821] EngR 385, (1821) 2 Br and B 650, (1821) 129 ER 1117 Commonlii England and Wales Updated: 22 January 2021; Ref: scu.329971 br> The post William Winsor, Susannah Winsor, Jane Boucher, And...
View ArticleDowager Duchess of Montrose and Others v Stirling Stuart: HL 15 Nov 1887
Warrandice – Heir and Executor – Catholic SecurityBy a trust-disposition and settlement, executed in 1853, the granter conveyed his whole estate, heritable and moveable, to trustees, for the purpose,...
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